3. Sections 12 and 37 of this act become effective on July
1, 2003, for the purpose of adopting regulations and on March 1, 2004, for all
other purposes.

4. Sections 3.3, 3.7, 4.7 and 5.5 of this act become
effective on October 1, 2003.

5. Sections 4, 5, 15 to 20, inclusive, and 39 to 44,
inclusive, of this act become effective on January 1, 2004.

6. Sections 4.3, 6 to 11, inclusive, 13, 14, 21 to 36,
inclusive, and 38 of this act become effective on March 1, 2004.

7. Section 38 of this act expires by limitation on the
date on which the provisions of 42 U.S.C. § 666 requiring each state to
establish procedures under which the state has authority to withhold or
suspend, or to restrict the use of professional, occupational and recreational
licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a procedure to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

are repealed by the Congress of the United States.

________

CHAPTER 420, SB 500

Senate Bill No. 500Committee on Finance

CHAPTER 420

AN ACT relating to
motor vehicles; revising the provisions governing certain fees paid to the
Department of Motor Vehicles concerning the control of emissions from motor
vehicles; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 445B.830 is hereby amended to
read as follows:

445B.830 1. In areas of the State where and when a
program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the
following fees must be paid to the Department of Motor Vehicles and accounted
for in the Pollution Control Account, which is hereby created in the State
General Fund:

(a) For the issuance and
annual renewal of a license for an authorized inspection station, authorized
maintenance station, authorized station or fleet station....................................................................... $25

(b) For each set of 25 forms
certifying emission control compliance [125] 150

(c) For each form issued to a
fleet station................................................. [5] 6

2. Except as otherwise provided in subsections 4, 5
and 6, and after deduction of the amount required for grants pursuant to
paragraph (a) of subsection 4, money in the Pollution Control Account may,
pursuant to legislative appropriation or with the approval of the Interim
Finance Committee, be expended by the following agencies
in the following order of priority:

Committee, be expended by the following agencies in the
following order of priority:

(a) The Department of Motor Vehicles to carry out the
provisions of NRS 445B.770 to 445B.845, inclusive.

(b) The State Department of Conservation and Natural
Resources to carry out the provisions of this chapter.

(c) The State Department of Agriculture to carry out
the provisions of NRS 590.010 to 590.150, inclusive.

(d) Local governmental agencies in nonattainment or
maintenance areas for an air pollutant for which air quality criteria have been
issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of
the quality of the air.

(e) The Tahoe Regional Planning Agency to carry out the
provisions of NRS 277.200 with respect to the preservation and improvement of
air quality in the Lake Tahoe Basin.

3. The Department of Motor Vehicles may prescribe by
regulation routine fees for inspection at the prevailing shop labor rate,
including, without limitation, maximum charges for those fees, and for the
posting of those fees in a conspicuous place at an authorized inspection
station or authorized station.

4. The Department of Motor Vehicles shall by
regulation establish a program to award grants of money in the Pollution
Control Account to local governmental agencies in nonattainment or maintenance
areas for an air pollutant for which air quality criteria have been issued
pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the
quality of air. The grants to agencies in a county pursuant to this subsection
must be made from:

(a) An amount of money in the Pollution Control Account
that is equal to [one-fifth]one-sixth of the amount received for each form
issued in the county pursuant to subsection 1; and

(b) Excess money in the Pollution Control Account. As
used in this paragraph, excess money means the money in excess of $500,000
remaining in the Pollution Control Account at the end of the fiscal year, after
deduction of the amount required for grants pursuant to paragraph (a) and any
disbursements made from the Account pursuant to subsection 2.

5. Any regulations adopted pursuant to subsection 4
must provide for the creation of an advisory committee consisting of
representatives of state and local agencies involved in the control of
emissions from motor vehicles. The committee shall:

(a) Review applications for grants and make recommendations
for their approval, rejection or modification;

(b) Establish goals and objectives for the program for
control of emissions from motor vehicles;

6. Grants proposed pursuant to subsections 4 and 5
must be submitted to the appropriate Deputy Director of the Department of Motor
Vehicles and the Administrator of the Division of Environmental Protection of
the State Department of Conservation and Natural Resources. Proposed grants
approved by the appropriate Deputy Director and the Administrator must not be
awarded until approved by the Interim Finance Committee.

AN ACT relating to
driving under the influence of alcohol or a controlled substance; reducing the
concentration of alcohol that may be present in the blood or breath of a person
while operating a vehicle or vessel; providing for the prospective expiration
of such reduced concentration of alcohol upon the repeal of certain federal
laws; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 483.045 is hereby amended to
read as follows:

483.045 The phrase concentration of alcohol of 0.02
or more but less than [0.10]0.08 in his blood or breath means 0.02 gram
or more but less than [0.10]0.08 gram of alcohol per 100 milliliters of
the blood of a person or per 210 liters of his breath.

Sec. 2. NRS 483.461 is hereby amended to read
as follows:

483.461 1. If the result of a test given pursuant to
NRS 484.382 or 484.383 shows that a person less than 21 years of age had a
concentration of alcohol of 0.02 or more but less than [0.10]0.08 in his blood or
breath at the time of the test, his license, permit or privilege to drive must
be suspended for a period of 90 days.

2. If a revocation or suspension of a persons
license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or
484.3795 follows a suspension ordered pursuant to subsection 1, the Department
shall:

(a) Cancel the suspension ordered pursuant to
subsection 1; and

(b) Give the person credit toward the period of
revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795,
whichever is applicable, for any period during which the persons license,
permit or privilege to drive was suspended pursuant to subsection 1.

3. This section does not preclude:

(a) The prosecution of a person for a violation of any
other provision of law; or

(b) The suspension or revocation of a persons license,
permit or privilege to drive pursuant to any other provision of law.

Sec. 3. NRS 483.462 is hereby amended to read as
follows:

483.462 1. A peace officer who has received the
result of a test given pursuant to NRS 484.382 or 484.383 which indicates that
a person less than 21 years of age to whom the test was given had a
concentration of alcohol of 0.02 or more but less than [0.10]0.08 in his blood or
breath shall prepare a written certificate indicating whether the peace
officer:

(a) Had reasonable grounds to believe that the person
was driving under the influence of alcohol;

(b) Served an order of suspension on the person
pursuant to subsection 2; and

(c) Issued the person a temporary license pursuant to
subsection 2.

2. If a person less than 21 years of age to whom a
test is given pursuant to NRS 484.382 or 484.383 is present when a peace
officer receives the result of the test and the test indicates that the person
has a concentration of alcohol of 0.02 or more but less than [0.10]0.08 in his blood or
breath, the peace officer shall:

(a) Serve an order of suspension of the license, permit
or privilege;

(b) Seize any license or permit of the person;

(c) Advise the person of his right to:

(1) Administrative and judicial review of the
suspension; and

(2) Have a temporary license;

(d) If the person requests a temporary license, issue
the person a temporary license on a form approved by the Department which
becomes effective 24 hours after he receives the temporary license and expires
120 hours after it becomes effective; and

(e) Transmit to the Department:

(1) Any license or permit seized pursuant to
paragraph (b); and

(2) The written certificate which the peace
officer is required to prepare pursuant to subsection 1.

3. If a person less than 21 years of age to whom a
test is given pursuant to NRS 484.382 or 484.383 is not present when a peace
officer receives the result of the test and the test indicates that the person
has a concentration of alcohol of 0.02 or more but less than [0.10]0.08 in his blood or
breath, the peace officer shall transmit to the Department a copy of the result
of the test and the written certificate which the peace officer is required to
prepare pursuant to subsection 1.

4. The Department, upon receiving a copy of the result
of the test and the written certificate transmitted by the peace officer
pursuant to subsection 3, shall:

(a) Review the result of the test and the written
certificate; and

(b) If the Department determines that it is
appropriate, issue an order to suspend the license, permit or privilege to
drive of the person by mailing the order to the person at his last known
address.

5. An order for suspension issued by the Department
pursuant to subsection 4 must:

(a) Explain the grounds for the suspension;

(b) Indicate the period of the suspension;

(c) Require the person to transmit to the Department
any license or permit held by the person; and

(d) Explain that the person has a right to
administrative and judicial review of the suspension.

6. An order for suspension issued by the Department
pursuant to subsection 4 is presumed to have been received by the person 5 days
after the order is deposited, postage prepaid, in the United States mail by the
Department. The date of mailing of the order may be shown by a certificate that
is prepared by an officer or employee of the Department specifying the date of
mailing.

483.463 1. At any time during which the license,
permit or privilege to drive is suspended pursuant to NRS 483.462, the person
may request in writing a hearing by the Department to review the order of
suspension. A person is entitled to only one administrative hearing pursuant to
this section.

2. Unless the parties agree otherwise, the hearing
must be conducted within 15 days after receipt of the request or as soon
thereafter as is practicable in the county in which the requester resides.

3. The Director or his agent may:

(a) Issue subpoenas for:

(1) The attendance of witnesses at the hearing;
and

(2) The production of relevant books and papers;
and

(b) Require a reexamination of the requester.

4. The scope of the hearing must be limited to the
issues of whether the person, at the time of the test:

(a) Was less than 21 years of age; and

(b) Had a concentration of alcohol of 0.02 or more but
less than [0.10]0.08 in his blood or breath.

5. The Department shall issue the person a temporary
license for a period that is sufficient to complete the administrative hearing.

6. Upon an affirmative finding on the issues listed in
subsection 4, the Department shall affirm the order of suspension. Otherwise,
the order of suspension must be rescinded.

7. If the order of suspension is affirmed by the
Department, the person is entitled to judicial review of the issues listed in
subsection 4 in the manner provided in chapter 233B of NRS.

8. The court shall notify the Department upon issuing
a stay. Upon receiving such notice, the Department shall issue an additional
temporary license for a period that is sufficient to complete the judicial
review.

9. The hearing officer or the court shall notify the
Department if the hearing officer grants a continuance of the administrative
hearing or the court grants a continuance after issuing a stay of the
suspension. Upon receiving such notice, the Department shall cancel any
temporary license granted pursuant to this section and notify the holder by
mailing an order of cancellation to the last known address of the holder.

Sec. 5. NRS 484.038 is hereby amended to read
as follows:

484.038 The phrase concentration of alcohol of [0.10]0.08 or more in his
blood or breath means [0.10]0.08 gram or more of alcohol per 100
milliliters of the blood of a person or per 210 liters of his breath.

Sec. 6. NRS 484.379 is hereby amended to read
as follows:

484.379 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of [0.10]0.08 or more in his
blood or breath; or

(c) Is found by measurement within 2 hours after
driving or being in actual physical control of a vehicle to have a
concentration of alcohol of [0.10]0.08 or more in his blood or breath,

to drive or be in actual physical control of a vehicle on a
highway or on premises to which the public has access.

(b) Is under the combined influence of intoxicating
liquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or exercising
actual physical control of a vehicle,

to drive or be in actual physical control of a vehicle on a
highway or on premises to which the public has access. The fact that any person
charged with a violation of this subsection is or has been entitled to use that
drug under the laws of this state is not a defense against any charge of
violating this subsection.

3. It is unlawful for any person to drive or be in
actual physical control of a vehicle on a highway or on premises to which the
public has access with an amount of a prohibited substance in his blood or
urine that is equal to or greater than:

Prohibited substance Urine Blood

Nanograms
per Nanograms

milliliter per
milliliter

(a) Amphetamine 500 100

(b) Cocaine 150 50

(c) Cocaine metabolite 150 50

(d) Heroin 2,000 50

(e) Heroin metabolite:

(1) Morphine 2,000 50

(2) 6-monoacetyl morphine 10 10

(f) Lysergic acid diethylamide 25 10

(g) Marijuana 10 2

(h) Marijuana metabolite 15 5

(i) Methamphetamine 500 100

(j) Phencyclidine 25 10

4. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after driving or being
in actual physical control of the vehicle, and before his blood or breath was
tested, to cause him to have a concentration of alcohol of [0.10]0.08 or more in his
blood or breath. A defendant who intends to offer this defense at a trial or
preliminary hearing must, not less than 14 days before the trial or hearing or
at such other time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.

Sec. 7. NRS 484.3795 is hereby amended to
read as follows:

484.3795 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of [0.10]0.08 or more in his
blood or breath;

(c) Is found by measurement within 2 hours after
driving or being in actual physical control of a vehicle to have a
concentration of alcohol of [0.10]0.08 or more in his blood or breath;

(d) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a controlled
substance;

(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or exercising
actual physical control of a vehicle; or

(f) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth in subsection 3
of NRS 484.379,

and does any act or neglects any duty imposed by law while
driving or in actual physical control of any vehicle on or off the highways of
this state, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 20
years and must be further punished by a fine of not less than $2,000 nor more
than $5,000. A person so imprisoned must, insofar as practicable, be segregated
from offenders whose crimes were violent and, insofar as practicable, be
assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge
of violating the provisions of subsection 1 in exchange for a plea of guilty,
guilty but mentally ill or nolo contendere to a lesser charge or for any other
reason unless he knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial. A sentence imposed
pursuant to subsection 1 may not be suspended nor may probation be granted.

3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after driving or being
in actual physical control of the vehicle, and before his blood or breath was
tested, to cause him to have a concentration of alcohol of [0.10]0.08 or more in his
blood or breath. A defendant who intends to offer this defense at a trial or
preliminary hearing must, not less than 14 days before the trial or hearing or
at such other time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.

4. If the defendant was transporting a person who is
less than 15 years of age in the motor vehicle at the time of the violation,
the court shall consider that fact as an aggravating factor in determining the
sentence of the defendant.

Sec. 8. NRS 484.384 is hereby amended to read
as follows:

484.384 1. If the result of a test given under NRS
484.382 or 484.383 shows that a person had a concentration of alcohol of [0.10]0.08 or more in his
blood or breath at the time of the test, his license, permit or privilege to
drive must be revoked as provided in NRS 484.385 and he is not eligible for a
license, permit or privilege for a period of 90 days.

2. If a revocation of a persons license, permit or
privilege to drive under NRS 62.227 or 483.460 follows a revocation under
subsection 1 which was based on his having a concentration of alcohol of [0.10]0.08 or more in his
blood or breath, the Department shall cancel the revocation under that
subsection and give the person credit for any period during which he was not
eligible for a license, permit or privilege.

3. Periods of ineligibility for a license, permit or
privilege to drive which are imposed pursuant to this section must run
consecutively.

484.385 1. As agent for the Department, the officer
who obtained the result of a test given pursuant to NRS 484.382 or 484.383
shall immediately serve an order of revocation of the license, permit or
privilege to drive on a person who has a concentration of alcohol of [0.10]0.08 or more in his
blood or breath or has a detectable amount of a prohibited substance in his
blood or urine, if that person is present, and shall seize his license or
permit to drive. The officer shall then advise him of his right to
administrative and judicial review of the revocation and to have a temporary
license, and shall issue him a temporary license on a form approved by the
Department if he requests one, which is effective for only 7 days including the
date of issuance. The officer shall immediately transmit the persons license
or permit to the Department along with the written certificate required by
subsection 2.

2. When a police officer has served an order of
revocation of a drivers license, permit or privilege on a person pursuant to
subsection 1, or later receives the result of an evidentiary test which
indicates that a person, not then present, had a concentration of alcohol of [0.10]0.08 or more in his
blood or breath or had a detectable amount of a prohibited substance in his
blood or urine, the officer shall immediately prepare and transmit to the
Department, together with the seized license or permit and a copy of the result
of the test, a written certificate that he had reasonable grounds to believe
that the person had been driving or in actual physical control of a vehicle
with a concentration of alcohol of [0.10]0.08 or more in his
blood or breath or with a detectable amount of a prohibited substance in his
blood or urine, as determined by a chemical test. The certificate must also
indicate whether the officer served an order of revocation on the person and
whether he issued the person a temporary license.

3. The Department, upon receipt of such a certificate
for which an order of revocation has not been served, after examining the
certificate and copy of the result of the chemical test, if any, and finding
that revocation is proper, shall issue an order revoking the persons license,
permit or privilege to drive by mailing the order to the person at his last
known address. The order must indicate the grounds for the revocation and the
period during which the person is not eligible for a license, permit or privilege
to drive and state that the person has a right to administrative and judicial
review of the revocation and to have a temporary license. The order of
revocation becomes effective 5 days after mailing.

4. Notice of an order of revocation and notice of the
affirmation of a prior order of revocation or the cancellation of a temporary
license provided in NRS 484.387 is sufficient if it is mailed to the persons
last known address as shown by any application for a license. The date of
mailing may be proved by the certificate of any officer or employee of the
Department, specifying the time of mailing the notice. The notice is presumed
to have been received upon the expiration of 5 days after it is deposited, postage
prepaid, in the United States mail.

Sec. 10. NRS 484.387 is hereby amended to
read as follows:

484.387 1. At any time while a person is not eligible
for a license, permit or privilege to drive following an order of revocation
issued pursuant to NRS 484.385, he may request in writing a hearing by the
Department to review the order of revocation, but he is only entitled to one
hearing. The hearing must be conducted within 15 days after receipt of the
request, or as soon thereafter as is practicable, in the county where the
requester resides unless the parties agree otherwise.

unless the parties agree otherwise. The Director or his agent
may issue subpoenas for the attendance of witnesses and the production of
relevant books and papers and may require a reexamination of the requester. The
Department shall issue an additional temporary license for a period which is
sufficient to complete the administrative review.

2. The scope of the hearing must be limited to the
issue of whether the person, at the time of the test, had a concentration of
alcohol of [0.10]0.08 or more in his blood or breath or a
detectable amount of a prohibited substance in his blood or urine. Upon an
affirmative finding on this issue, the Department shall affirm the order of
revocation. Otherwise, the order of revocation must be rescinded.

3. If, after the hearing, the order of revocation is
affirmed, the person whose license, privilege or permit has been revoked is
entitled to a review of the same issues in district court in the same manner as
provided by chapter 233B of NRS. The court shall notify the Department upon the
issuance of a stay ,
and the Department shall issue an additional temporary license for a period
which is sufficient to complete the review.

4. If a hearing officer grants a continuance of a
hearing at the request of the person whose license was revoked, or a court does
so after issuing a stay of the revocation, the officer or court shall notify
the Department, and the Department shall cancel the temporary license and
notify the holder by mailing the order of cancellation to his last known
address.

Sec. 11. NRS 488.405 is hereby amended to
read as follows:

488.405 As used in NRS 488.410 and 488.420, the phrase
concentration of alcohol of [0.10]0.08 or more in his blood or breath means [0.10]0.08 gram or more
per 100 milliliters of the blood of a person or per 210 liters of his breath.

Sec. 12. NRS 488.410 is hereby amended to
read as follows:

488.410 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of [0.10]0.08 or more in his
blood or breath; or

(c) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel to have a
concentration of alcohol of [0.10]0.08 or more in his blood or breath,

to operate or be in actual physical control of a vessel under
power or sail on the waters of this state.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating
liquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely operating or
exercising actual physical control of a vessel under power or sail,

to operate or be in actual physical control of a vessel under
power or sail on the waters of this state.

3. It is unlawful for any person to operate or be in
actual physical control of a vessel under power or sail on the waters of this
state with an amount of a prohibited substance in his blood or urine that is
equal to or greater than:

4. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after operating or
being in actual physical control of the vessel, and before his blood was
tested, to cause him to have a concentration of [0.10]0.08 or more of
alcohol in his blood or breath. A defendant who intends to offer this defense
at a trial or preliminary hearing must, not less than 14 days before the trial
or hearing or at such other time as the court may direct, file and serve on the
prosecuting attorney a written notice of that intent.

Sec. 13. NRS 488.420 is hereby amended to
read as follows:

488.420 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of [0.10]0.08 or more in his
blood or breath;

(c) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel under power or sail
to have a concentration of alcohol of [0.10]0.08 or more in his
blood or breath;

(d) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a controlled
substance;

(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely operating or being in
actual physical control of a vessel under power or sail; or

(f) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth in subsection 3
of NRS 488.410,

and does any act or neglects any duty imposed by law while
operating or being in actual physical control of any vessel under power or
sail, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 20
years and shall be further punished by a fine of not less than $2,000 nor more
than $5,000. A person so imprisoned must, insofar as practicable, be segregated
from offenders whose crimes were violent and, insofar as
practicable, be assigned to an institution or facility of minimum security.

offenders whose crimes were violent and, insofar as
practicable, be assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge
of violating the provisions of subsection 1 in exchange for a plea of guilty,
guilty but mentally ill or nolo contendere to a lesser charge or for any other
reason unless he knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial. A sentence imposed
pursuant to subsection 1 must not be suspended, and probation must not be
granted.

3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after operating or
being in actual physical control of the vessel under power or sail, and before
his blood was tested, to cause him to have a concentration of alcohol of [0.10]0.08 or more in his
blood or breath. A defendant who intends to offer this defense at a trial or
preliminary hearing must, not less than 14 days before the trial or hearing or
at such other time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.

4. If a person less than 15 years of age was in the
vessel at the time of the defendants violation, the court shall consider that
fact as an aggravating factor in determining the sentence of the defendant.

Sec. 14. NRS 202.257 is hereby amended to
read as follows:

202.257 1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 or more in
his blood or breath; or

(b) Is under the influence of any controlled substance,
or is under the combined influence of intoxicating liquor and a controlled
substance, or any person who inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely exercising actual
physical control of a firearm,

to have in his actual physical possession any firearm. This
prohibition does not apply to the actual physical possession of a firearm by a
person who was within his personal residence and had the firearm in his
possession solely for self-defense.

2. Any evidentiary test to determine whether a person
has violated the provisions of subsection 1 must be administered in the same
manner as an evidentiary test that is administered pursuant to NRS 484.383 to
484.3947, inclusive, except that submission to the evidentiary test is required
of any person who is directed by a police officer to submit to the test. If a
person to be tested fails to submit to a required test as directed by a police
officer, the officer may direct that reasonable force be used to the extent
necessary to obtain the samples of blood from the person to be tested, if the
officer has reasonable cause to believe that the person to be tested was in
violation of this section.

3. Any person who violates the provisions of
subsection 1 is guilty of a misdemeanor.

4. A firearm is subject to forfeiture pursuant to NRS
179.1156 to 179.119, inclusive, only if, during the violation of subsection 1,
the firearm is brandished, aimed or otherwise handled by the person in a manner
which endangered others.

5. As used in this section, the phrase concentration
of alcohol of 0.10 or more in his blood or breath [has the meaning ascribed
to it in NRS 484.038.]

484.038.] means 0.10 gram or more of alcohol per
100 milliliters of the blood of a person or per 210 liters of his breath.

Sec. 15. This act becomes effective on September 23,
2003, and expires by limitation on the date of the repeal of the federal law
requiring each state to make it unlawful for a person to operate a motor
vehicle with a blood alcohol concentration of 0.08 percent or greater as a
condition to receiving federal funding for the construction of highways in this
state.

AN ACT relating to
crimes; reducing the age of a victim that is used as the threshold for
determining the applicability of certain crimes against older persons; revising
the provisions concerning certain crimes against older persons; providing
penalties; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 193.167 is hereby amended to
read as follows:

193.167 1. Except as otherwise provided in NRS
193.169, any person who commits the crime of:

(a) Murder;

(b) Attempted murder;

(c) Assault;

(d) Battery;

(e) Kidnapping;

(f) Robbery;

(g) Sexual assault;

(h) Embezzlement of money or property of a value of
$250 or more;

(i) Obtaining money or property of a value of $250 or
more by false pretenses; or

(j) Taking money or property from the person of
another,

against any person who is [65]60 years of age or older
shall be punished by imprisonment in the county jail or state prison, whichever
applies, for a term equal to and in addition to the term of imprisonment
prescribed by statute for the crime. The sentence prescribed by this subsection
must run consecutively with the sentence prescribed by statute for the crime.

2. Except as otherwise provided in NRS 193.169, any
person who commits a criminal violation of the provisions of chapter 90 or 91
of NRS against any person who is [65]60 years of age or older
shall be punished by imprisonment in the county jail or state prison, whichever
applies, for a term equal to and in addition to the term of imprisonment
prescribed by statute for the criminal violation.

(b) For
any subsequent offense or if the person has been previously convicted of
violating a law of any other jurisdiction that prohibits the same or similar
conduct, of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 6 years, unless a more severe penalty is
prescribed by law for the act or omission which brings about the abuse.

2. Except as otherwise provided in subsection 7,any
person who has assumed responsibility, legally, voluntarily or pursuant to a
contract, to care for an older person and who:

(b) Permits or allows the older person to suffer
unjustifiable physical pain or mental suffering; or

(c) Permits or allows the older person to be placed in
a situation where the older person may suffer physical pain or mental suffering
as the result of abuse or neglect,

is guilty of a gross misdemeanor unless a more severe penalty
is prescribed by law for the act or omission which brings about the abuse or
neglect.

3. Except as otherwise provided in subsection 4,any
person who exploits an older person shall be punished, if the value of any
money, assets and property obtained or used:

(a) Is less than $250, for a misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a fine of not
more than $2,000, or by both fine and imprisonment;

(b) Is at least $250, but less than $5,000, for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 10 years, or by a fine of
not more than $10,000, or by both fine and imprisonment; or

(c) Is $5,000 or more, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years, or by a fine of not more than
$25,000, or by both fine and imprisonment,

unless a more severe penalty is prescribed by law for the act
which brought about the exploitation. The monetary value of all of the money,
assets and property of the older person which have been obtained or used, or
both, may be combined for the purpose of imposing punishment for an offense
charged pursuant to this subsection.

4. If a person exploits an older person and the
monetary value of any money, assets and property obtained cannot be determined,
the person shall be punished for a gross misdemeanor by imprisonment in the
county jail for not more than 1 year, or by a fine of not
more than $2,000, or by both fine and imprisonment.

not more than 1 year, or by a fine of not more than $2,000, or
by both fine and imprisonment.

5. Any person who isolates an older person is guilty:

(a) For the first offense, of a gross misdemeanor; or

(b) For any subsequent offense, of a category B felony
and shall be punished by imprisonment in the state prison for a minimum term of
not less than 2 years and a maximum term of not more than 10 years, and may be
further punished by a fine of not more than $5,000.

6.A person who violates any provision of
subsection 1, if substantial bodily or mental harm or death results to the
older person, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years, unless a more severe penalty is
prescribed by law for the act or omission which brings about the abuse.

7.A person who violates any provision of
subsection 2, if substantial bodily or mental harm or death results to the
older person, shall be punished for a category B felony by imprisonment in the
state prison for a minimum term of not less than 2 years and a maximum term of
not more than 6 years, unless a more severe penalty is prescribed by law for
the act or omission which brings about the abuse or neglect.

8.In
addition to any other penalty imposed against a person for a violation of any
provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the
person to pay restitution.

9. As
used in this section:

(a) Allow means to take no action to prevent or stop
the abuse or neglect of an older person if the person knows or has reason to
know that the older person is being abused or neglected.

(b) Permit means permission that a reasonable person
would not grant and which amounts to a neglect of responsibility attending the
care and custody of an older person.

(c) Substantial
mental harm means an injury to the intellectual or psychological capacity or
the emotional condition of an older person as evidenced by an observable and
substantial impairment of the ability of the older person to function within
his normal range of performance or behavior.

Sec. 3. NRS 200.50995 is hereby amended to read as
follows:

200.50995 A person who conspires with another to
commit abuse, exploitation or isolation of an older person as prohibited by NRS
200.5099 [,] shall be punished:

1. For the first offense, for a gross misdemeanor.

2. For the second and all subsequent offenses, for a
category C felony as provided in NRS 193.130.

[In addition to any other penalty, the court shall order the
person to pay restitution.] Each person found guilty of
such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS
200.5099 with each other person found guilty of the conspiracy.

Sec. 4. NRS 207.014 is hereby amended to read
as follows:

207.014 1. A person who:

(a) Has been convicted in this state of any felony
committed on or after July 1, 1995, of which fraud or intent to defraud is an
element; and

(b) Has previously been two times convicted, whether in
this state or elsewhere, of any felony of which fraud or intent to defraud is
an element before the commission of the felony under
paragraph (a) of this subsection,

before the commission of the felony under paragraph (a) of
this subsection,

is a habitually fraudulent felon and shall be punished for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 5 years and a maximum term of not more than 20 years, if the victim
of each offense was [65 years of age or]an older person or a mentally disabled person.

2. The prosecuting attorney shall include a count
under this section in any information or shall file a notice of habitually
fraudulent felon if an indictment is found, if the prior convictions and the
alleged offense committed by the accused are felonies of which fraud or intent
to defraud is an element and the victim of each offense was:

(a) [Sixty-five years of age or older;] An older person; or

(b) A mentally disabled person.

3. The trial judge may not dismiss a count under this
section that is included in an indictment or information.

4. As used in this section [, mentally] :

(a) Mentally
disabled person means a person who has a mental impairment which
is medically documented and substantially limits one or more of the persons
major life activities. The term includes, but is not limited to, a person who:

[(a)](1) Is mentally retarded;

[(b)](2) Suffers from a severe mental or emotional
illness;

[(c)](3) Has a severe learning disability; or

[(d)] (4) Is experiencing a serious emotional
crisis in his life as a result of the fact that he or a member of his immediate
family has a catastrophic illness.

(b) Older person means a person who is:

(1) Sixty-five years of age or older if the
crime was committed before October 1, 2003.

(2) Sixty
years of age or older if the crime was committed on or after October 1, 2003.

Sec. 5. NRS 598.0933 is hereby amended to
read as follows:

598.0933 Elderly person means a person who is [65]60 years of age or
older.

Sec. 6. NRS 599B.270 is hereby amended to
read as follows:

599B.270 As used in NRS 599B.270 to 599B.300,
inclusive, unless the context otherwise requires:

1. Disabled person means a person who:

(a) Has a physical or mental impairment that
substantially limits one or more of the major life activities of the person;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.

2. Elderly person means a person who is [65]60 years of age or
older.

________

κ2003
Statutes of Nevada, Page 2570κ

CHAPTER 423, AB 550

Assembly Bill No. 550Committee on Ways and Means

CHAPTER 423

AN ACT relating to
vital statistics; increasing the amount of money that certain persons or
governmental organizations must remit to the State Registrar for issuing a
certified or official copy of a certificate of birth; requiring those persons
or governmental organizations to remit a certain amount to the State Registrar
for issuing a certified or official certificate of death; increasing the fees
the State Registrar must charge and collect for a certified copy of a record of
birth or death; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 440.175 is hereby amended to
read as follows:

440.175 1. Upon request, the State Registrar may
furnish statistical data to any federal, state, local or other public or
private agency, upon such terms or conditions as may be prescribed by the Board.

2. No person may prepare or issue any document which
purports to be an original, certified copy, certified abstract or official copy
of:

(a) A certificate of birth, death or fetal death,
except as authorized in this chapter or by the Board.

(b) A certificate of marriage, except a county recorder
or a person so required pursuant to NRS 122.120.

(c) A decree of divorce or annulment of marriage,
except a county clerk or the judge of a court of record.

3. A person or governmental organization which issues
certified or official copies pursuant to paragraph (a) of subsection 2 shall
remit to the State Registrar:

(a) For each registration of a birth or death in its
district, $2.

(b) For each copy issued of a certificate of birth in
its district, [$5.] $7.

(c) For
each copy issued of a certificate of death in its district, $1.

Sec. 2. NRS 440.700 is hereby amended to read
as follows:

440.700 1. The State Registrar shall charge and
collect the following fees:

For searching the
files for one name, if no copy is made.................... $8

For verifying a vital
record........................................................................... 8

For establishing and
filing a record of paternity (other than a hospital-based paternity), and
providing a certified copy of the new record....................................................................................... 20

For a certified copy
of a record of birth.......................................... [11] 13

For a certified copy
of a record of death.......................................... [9] 10

For correcting a
record on file with the State Registrar and providing a certified copy of the
corrected record 20

For replacing a
record on file with the State Registrar and providing a certified copy of the
new record 20

2. The fee collected for furnishing a copy of a
certificate of birth or death includes the sum of $3 for credit to the
Childrens Trust Account.

3. The fee collected for furnishing a copy of a
certificate of death includes the sum of $1 for credit to the Review of Death
of Children Account.

4. Upon the request of any parent or guardian, the
State Registrar shall supply, without the payment of a fee, a certificate
limited to a statement as to the date of birth of any child as disclosed by the
record of such birth when the certificate is necessary for admission to school
or for securing employment.

5. The United States Bureau of the Census may obtain,
without expense to the State, transcripts or certified copies of births and
deaths without payment of a fee.

________

CHAPTER 424, SB 263

Senate Bill No. 263Committee on Finance

CHAPTER 424

AN ACT making a supplemental
appropriation to the State Department of Agriculture for an unanticipated
shortfall in money for Fiscal Year 2002-2003 resulting from an unexpected
increase in expenses; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the
State General Fund to the State Department of Agriculture the sum of $41,308
for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting
from an unexpected increase in expenses. This appropriation is supplemental to
that made by section 24 of chapter 570, Statutes of Nevada 2001, at page 2862.

Sec. 2. This act becomes effective upon passage and
approval.

________

κ2003
Statutes of Nevada, Page 2572κ

CHAPTER 425, SB 289

Senate Bill No. 289Senator Neal

CHAPTER 425

AN ACT relating to
health care; directing the Legislative Committee on Health Care to study the
current challenges of ensuring that adequate health care is available to all of
the residents of Nevada, now and in the future; and providing other matters
properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
Legislative Committee on Health Care shall conduct an interim study of the
current challenges of ensuring that adequate health care is available to all of
the residents of Nevada, now and in the future. The study must include a search
for innovative ways to expand the availability of health care in Nevada,
including a determination of the feasibility of a single-payer health care
system, the expansion of coverage for persons who are employed but are not able
to find affordable health insurance and the expansion of the Medicaid program.

2. The Legislative
Committee on Health Care shall appoint:

(a) A subcommittee for the
study, consisting of members of the Legislative Committee on Health Care,
Legislators other than members of the Legislative Committee on Health Care, or
any combination thereof; and

(b) A chairman of the
subcommittee from among the members of the subcommittee.

3. The study must include,
without limitation:

(a) An examination of
the unique characteristics of the health care market in the State of Nevada
that may contribute to the increasing costs of health insurance and health care
services in this state;

(b) An examination of
the future health care needs of the residents of Nevada, including the need for
providers of health care, medical facilities, medical equipment and other
medical services; and

(c) A search for ways
to expand health care coverage for all residents of Nevada, including:

(1) The
feasibility of establishing a State Health Authority to coordinate a
single-payer system in the State of Nevada, including a review of the different
forms of single-payer systems implemented or contemplated by other states, such
as employer mandates, play or pay, tax incentives and state purchasing plans;

(2) An
examination of the number and distribution of uninsured residents of this
state, including a review of the demographics of persons who are employed but
are not able to find affordable health insurance, and a determination of the
feasibility of expanding employment-based health insurance in Nevada;

(3) An examination
of changes that have occurred in the affordability of health insurance policies
for persons residing in Nevada, including a review of the increases in
cost-sharing among health insurance plans; and

(4) An
examination of the feasibility of expanding state-sponsored health insurance,
including an expansion of Medicaid eligibility for those who
fall just outside of the requirements for eligibility and the option of
expanding Medicaid to cover all optional services.

who fall just outside of the
requirements for eligibility and the option of expanding Medicaid to cover all
optional services.

4. The Legislative Committee on Health Care shall submit a
report of the results of the study and any recommendations for legislation to
the 73rd Session of the Nevada Legislature.

Sec. 2. This act becomes effective on July 1, 2003.

________

CHAPTER 426, SB 264

Senate Bill No. 264Senators Tiffany, Care, Neal and
Nolan

CHAPTER 426

AN ACT relating to
the Department of Corrections; authorizing the Director of the Department of
Corrections to establish a correctional program for the reentry of offenders
and parolees into the community; allowing the Director to assign certain
offenders to serve a term of residential confinement or other appropriate
supervision; making various changes to the provisions governing programs of
work release; making various other changes to provisions pertaining to the
Department; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 209 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2, 3 and 4 of
this act.

Sec. 2. Correctional
program means a program for reentry of prisoners and parolees into the
community that is established by the Director pursuant to section 3 of this
act.

Sec. 3. 1.
The Director may establish a correctional program for reentry of offenders and
parolees into the community pursuant to this section.

2. If the
Director establishes a correctional program pursuant to this section, the
Director shall:

(a) Determine
whether offenders in the custody of the Department are suitable to participate
in a correctional program.

(b) Determine
whether parolees who are referred by the Chairman of the State Board of Parole
Commissioners pursuant to section 23 of this act are suitable to participate in
a correctional program as a condition of their parole.

(c) Request
that the Chairman of the State Board of Parole Commissioners assign to a
correctional program offenders and parolees determined by the Director to be
suitable to participate in a correctional program, under the terms and
conditions agreed upon by the Director and the Chairman, including, if
appropriate, supervision of the offenders and parolees by the Division during
their participation in the correctional program.

3. An offender
or parolee may not be assigned to the custody of the Division to participate in
a correctional program unless the Director grants prior approval of the
assignment pursuant to this section.

Sec. 4. 1.
Except as otherwise provided in this section, if a correctional program has
been established by the Director in the county in which an offender was
sentenced to imprisonment, the Director may, after consulting with the
Division, determine that an offender is suitable to participate in the correctional
program if:

(a) The
Director believes that the offender would participate successfully in and
benefit from the correctional program;

(b) The
offender has demonstrated a willingness to:

(1) Engage
in employment or participate in vocational rehabilitation or job skills training;
and

(2) Meet
any existing obligation for restitution to any victim of his crime; and

(c) The
offender is within 2 years of his probable release from prison, as determined
by the Director.

2. Except as
otherwise provided in this section, if the Director determines that an offender
is suitable to participate in the correctional program, the Director shall
request that the Chairman of the State Board of Parole Commissioners assign the
offender to the custody of the Division to participate in the correctional
program. The Chairman may assign the offender to the custody of the Division to
participate in the correctional program for not longer than the remainder of
his sentence.

3. The
Director shall, by regulation, adopt standards setting forth which offenders
are suitable to participate in the correctional program pursuant to this
section. The standards adopted by the Director must be approved by the Board
and must provide that an offender who:

(a) Has
recently committed a serious infraction of the rules of an institution or
facility of the Department;

(b) Has not
performed the duties assigned to him in a faithful and orderly manner;

(c) Has, within
the immediately preceding 5 years, been convicted of any crime involving the
use or threatened use of force or violence against a victim that is punishable
as a felony;

(d) Has ever
been convicted of a sexual offense;

(e) Has escaped
or attempted to escape from any jail or correctional institution for adults; or

(f) Has not
made an effort in good faith to participate in or to complete any educational
or vocational program or any program of treatment, as ordered by the Director,

is not eligible for
assignment to the custody of the Division pursuant to this section to
participate in a correctional program.

4. The
Director shall adopt regulations requiring offenders who are assigned to the
custody of the Division pursuant to this section to reimburse the Division and
the Department for the cost of their participation in a correctional program,
to the extent of their ability to pay.

5. The
Director may return the offender to the custody of the Department at any time
for any violation of the terms and conditions agreed upon by the Director and
the Chairman.

6. If an
offender assigned to the custody of the Division pursuant to this section
violates any of the terms or conditions agreed upon by the Director and the Chairman and is returned to the custody of the
Department, the offender forfeits all or part of the credits for good behavior
earned by him before he was returned to the custody of the Department, as
determined by the Director.

Director and the
Chairman and is returned to the custody of the Department, the offender
forfeits all or part of the credits for good behavior earned by him before he
was returned to the custody of the Department, as determined by the Director.
The Director may provide for a forfeiture of credits pursuant to this
subsection only after proof of the violation and notice is given to the
offender. The Director may restore credits so forfeited for such reasons as he
considers proper. The decision of the Director regarding such a forfeiture is
final.

7. The
assignment of an offender to the custody of the Division pursuant to this
section shall be deemed:

(a) A
continuation of his imprisonment and not a release on parole; and

(b) For the
purposes of NRS 209.341, an assignment to a facility of the Department,

except that the
offender is not entitled to obtain any benefits or to participate in any
programs provided to offenders in the custody of the Department.

8. An offender
does not have a right to be assigned to the custody of the Division pursuant to
this section, or to remain in that custody after such an assignment. It is not
intended that the establishment or operation of a correctional program creates
any right or interest in liberty or property or establishes a basis for any
cause of action against the State of Nevada, its political subdivisions,
agencies, boards, commissions, departments, officers or employees.

Sec. 5. NRS 209.3925 is hereby amended to
read as follows:

209.3925 1. Except as otherwise provided in
subsection 6, the Director may assign an offender to the custody of the
Division of Parole and Probation of the Department of Public Safety to serve a
term of residential confinement pursuant to NRS 213.380 [,] or other appropriate supervision as
determined by the Division of Parole and Probation, for not
longer than the remainder of his sentence, if:

(a) The Director has reason to believe that the offender
is:

(1) Physically incapacitated or in ill health to such a
degree that he does not presently, and likely will not in the future, pose a
threat to the safety of the public; [or]

(2) In ill health and expected to die within 12
months, and does not presently, and likely will not in the future, pose a
threat to the safety of the public; and

(b) At least two physicians licensed pursuant to
chapter 630 of NRS, one of whom is not employed by the Department, verify, in
writing, that the offender is:

(1) Physically incapacitated[;]
or in ill health; or

(2) In ill health and expected to die within 12
months.

2. If the Director intends to assign an offender to
the custody of the Division of Parole and Probation pursuant to this section,
at least 45 days before the date the offender is expected to be released from
the custody of the Department, the Director shall notify:

(a) If the offender will reside within this state after
he is released from the custody of the Department, the board of county commissioners
of the county in which the offender will reside; and

3. If any victim of a crime committed by the offender
has, pursuant to subsection 4 of NRS 213.130, requested to be notified of the
consideration of a prisoner for parole and has provided a current address, the
Division of Parole and Probation shall notify the victim that:

(a) The Director intends to assign the offender to the
custody of the Division of Parole and Probation pursuant to this section; and

(b) The victim may submit documents to the Division of
Parole and Probation regarding such an assignment.

If a current address has not been provided by a victim as
required by subsection 4 of NRS 213.130, the Division of Parole and Probation
must not be held responsible if notification is not received by the victim. All
personal information, including, but not limited to, a current or former
address, which pertains to a victim and which is received by the Division of
Parole and Probation pursuant to this subsection is confidential.

4. If an offender assigned to the custody of the
Division of Parole and Probation pursuant to this section escapes or violates
any of the terms or conditions of his residential confinement [:] or other appropriate supervision as
determined by the Division of Parole and Probation:

(a) The Division of Parole and Probation may, pursuant
to the procedure set forth in NRS 213.410, return the offender to the custody
of the Department.

(b) The offender forfeits all or part of the credits
for good behavior earned by him before the escape or violation, as determined
by the Director. The Director may provide for a forfeiture of credits pursuant
to this paragraph only after proof of the offense and notice to the offender
and may restore credits forfeited for such reasons as he considers proper. The
decision of the Director regarding such a forfeiture is final.

5. The assignment of an offender to the custody of the
Division of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a
release on parole; and

(b) For the purposes of NRS 209.341, an assignment to a
facility of the Department,

except that the offender is not entitled to obtain any
benefits or to participate in any programs provided to offenders in the custody
of the Department.

6. The Director may not assign an offender to the
custody of the Division of Parole and Probation pursuant to this section if the
offender is sentenced to death or imprisonment for life without the possibility
of parole.

7. An offender does not have a right to be assigned to
the custody of the Division of Parole and Probation pursuant to this section,
or to remain in that custody after such an assignment, and it is not intended
that the provisions of this section or of NRS 213.371 to 213.410, inclusive,
create any right or interest in liberty or property or establish a basis for
any cause of action against the State, its political subdivisions, agencies,
boards, commissions, departments, officers or employees.

Sec. 6. NRS 209.432 is hereby amended to read
as follows:

209.432 As used in NRS 209.432 to 209.451, inclusive,
unless the context otherwise requires:

1. Offender includes:

(a) A person who is convicted of a felony under the
laws of this state and sentenced, ordered or otherwise assigned to serve a term
of residential confinement.

(b) A person who is convicted of a felony under the
laws of this state and assigned to the custody of the Division of Parole and
Probation of the Department of Public Safety pursuant to NRS 209.4886[.] or section 4 of this act.

2. Residential confinement means the confinement of
a person convicted of a felony to his place of residence under the terms and
conditions established pursuant to specific statute. The term does not include
any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive,
176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528,
inclusive.

Sec. 7. NRS 209.446 is hereby amended to read
as follows:

209.446 1. Every offender who is sentenced to prison
for a crime committed on or after July 1, 1985, but before July 17, 1997, who
has no serious infraction of the regulations of the Department, the terms and
conditions of his residential confinement, or the laws of the State recorded
against him, and who performs in a faithful, orderly and peaceable manner the
duties assigned to him, must be allowed:

(a) For the period he is actually incarcerated under
sentence;

(b) For the period he is in residential confinement;
and

(c) For the period he is in the custody of the Division
of Parole and Probation of the Department of Public Safety pursuant to NRS
209.4886[,] or section 4 of this act,

a deduction of 10 days from his sentence for each month he
serves.

2. In addition to the credit provided for in
subsection 1, the Director may allow not more than 10 days of credit each month
for an offender whose diligence in labor and study merits such credits. In
addition to the credits allowed pursuant to this subsection, an offender is
entitled to the following credits for educational achievement:

(a) For earning a general equivalency diploma, 30 days.

(b) For earning a high school diploma, 60 days.

(c) For earning an associate degree, 90 days.

3. The Director may allow not more than 10 days of
credit each month for an offender who participates in a diligent and
responsible manner in a center for the purpose of making restitution,
conservation camp, program of work release or another program conducted outside
of the prison. An offender who earns credit pursuant to this subsection is
entitled to the entire 20 days of credit each month which is authorized in
subsections 1 and 2.

4. The Director may allow not more than 90 days of
credit each year for an offender who engages in exceptional meritorious
service.

5. The Board shall adopt regulations governing the
award, forfeiture and restoration of credits pursuant to this section.

6. Credits earned pursuant to this section:

(a) Must be deducted from the maximum term imposed by
the sentence; and

(b) Apply to eligibility for parole unless the offender
was sentenced pursuant to a statute which specifies a minimum sentence which
must be served before a person becomes eligible for parole.

Sec. 8. NRS 209.4465 is hereby amended to
read as follows:

209.4465 1. An offender who is sentenced to prison
for a crime committed on or after July 17, 1997, who has no serious infraction
of the regulations of the Department, the terms and conditions of his
residential confinement or the laws of the State recorded against him, and who
performs in a faithful, orderly and peaceable manner the
duties assigned to him, must be allowed:

in a faithful, orderly and peaceable manner the duties
assigned to him, must be allowed:

(a) For the period he is actually incarcerated pursuant
to his sentence;

(b) For the period he is in residential confinement;
and

(c) For the period he is in the custody of the Division
of Parole and Probation of the Department of Public Safety pursuant to NRS
209.4886[,] or section 4 of this act,

a deduction of 10 days from his sentence for each month he
serves.

2. In addition to the credits allowed pursuant to
subsection 1, the Director may allow not more than 10 days of credit each month
for an offender whose diligence in labor and study merits such credits. In
addition to the credits allowed pursuant to this subsection, an offender is
entitled to the following credits for educational achievement:

(a) For earning a general equivalency diploma, 30 days.

(b) For earning a high school diploma, 60 days.

(c) For earning his first associate degree, 90 days.

3. The Director may, in his discretion, authorize an
offender to receive a maximum of 90 days of credit for each additional degree
of higher education earned by the offender.

4. The Director may allow not more than 10 days of
credit each month for an offender who participates in a diligent and
responsible manner in a center for the purpose of making restitution,
conservation camp, program of work release or another program conducted outside
of the prison. An offender who earns credit pursuant to this subsection is
eligible to earn the entire 20 days of credit each month that is allowed
pursuant to subsections 1 and 2.

5. The Director may allow not more than 90 days of
credit each year for an offender who engages in exceptional meritorious
service.

6. The Board shall adopt regulations governing the
award, forfeiture and restoration of credits pursuant to this section.

7. Credits earned pursuant to this section:

(a) Must be deducted from the maximum term imposed by
the sentence; and

(b) Apply to eligibility for parole unless the offender
was sentenced pursuant to a statute which specifies a minimum sentence that
must be served before a person becomes eligible for parole.

Sec. 9. NRS 209.4871 is hereby amended to
read as follows:

209.4871 As used in NRS 209.4871 to 209.4889,
inclusive, and sections 2, 3 and 4
of this act, unless the context otherwise requires, the words and
terms defined in NRS 209.4874, 209.4877 and 209.488 and section 2 of this act have the meanings
ascribed to them in those sections.

Sec. 10. NRS 209.4877 is hereby amended to
read as follows:

209.4877 [Program]Judicial program means
a program for reentry of [prisoners] offenders and parolees into the community
that is established in a judicial district pursuant to NRS 209.4883.

Sec. 11. NRS 209.488 is hereby amended to
read as follows:

209.488 Reentry court means the court in a judicial
district that has established a judicial
program.

Sec. 12. NRS 209.4883 is hereby amended to
read as follows:

209.4883 1. A judicial district may establish a judicial program for
reentry of offenders and parolees into the community pursuant to this section.

2. If a judicial district establishes a judicial program pursuant
to this section, the reentry court shall:

(a) Determine whether offenders who are referred by the
Director pursuant to NRS 209.4886 should be assigned to the custody of the
Division to participate in a judicial
program.

(b) Determine whether parolees who are referred by the
Chairman of the State Board of Parole Commissioners pursuant to NRS 213.625
should be ordered by the Board to participate in a judicial program as a condition of their
parole.

(c) Supervise offenders and parolees participating in
the judicial program
during their participation in the judicial
program.

3. An offender may not be assigned to the custody of
the Division to participate in a judicial
program unless the reentry court grants prior approval of the
assignment pursuant to this section.

4. Except as otherwise provided in NRS 213.625, a
parolee may not participate in a judicial
program as a condition of his parole unless the reentry court
grants prior approval for his participation pursuant to this section.

Sec. 13. NRS 209.4886 is hereby amended to
read as follows:

209.4886 1. Except as otherwise provided in this
section, if a judicial program
has been established in the judicial district in which an offender was
sentenced to imprisonment, the Director may, after consulting with the
Division, refer the offender to the reentry court if:

(a) The Director believes that the offender would
participate successfully in and benefit from the judicial program;

(b) The offender has demonstrated a willingness to:

(1) Engage in employment or participate in
vocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution
to any victim of his crime; and

(c) The offender is within 2 years of his probable
release from prison, as determined by the Director.

2. Except as otherwise provided in this section, if
the Director is notified by the reentry court pursuant to NRS 209.4883 that an
offender should be assigned to the custody of the Division to participate in
the judicial program,
the Director shall assign the offender to the custody of the Division to
participate in the judicial program
for not longer than the remainder of his sentence.

3. The Director shall, by regulation, adopt standards
setting forth which offenders are eligible to be assigned to the custody of the
Division to participate in the judicial
program pursuant to this section. The standards adopted by the
Director must be approved by the Board and must provide that an offender who:

(a) Has recently committed a serious infraction of the
rules of an institution or facility of the Department;

(b) Has not performed the duties assigned to him in a
faithful and orderly manner;

(c) Has, within the immediately preceding 5 years, been
convicted of any crime involving the use or threatened use of force or violence
against a victim that is punishable as a felony;

(e) Has escaped or attempted to escape from any jail or
correctional institution for adults; or

(f) Has not made an effort in good faith to participate
in or to complete any educational or vocational program or any program of
treatment, as ordered by the Director,

is not eligible for assignment to the custody of the Division
pursuant to this section to participate in a judicial program.

4. The Director shall adopt regulations requiring
offenders who are assigned to the custody of the Division pursuant to this
section to reimburse the reentry court, the Division and the Department for the
cost of their participation in a judicial
program, to the extent of their ability to pay.

5. The reentry court may return the offender to the
custody of the Department at any time for any violation of the terms and
conditions imposed by the reentry court.

6. If an offender assigned to the custody of the
Division pursuant to this section violates any of the terms or conditions
imposed by the reentry court and is returned to the custody of the Department,
the offender forfeits all or part of the credits for good behavior earned by
him before he was returned to the custody of the Department, as determined by
the Director. The Director may provide for a forfeiture of credits pursuant to
this subsection only after proof of the violation and notice is given to the
offender. The Director may restore credits so forfeited for such reasons as he
considers proper. The decision of the Director regarding such a forfeiture is
final.

7. The assignment of an offender to the custody of the
Division pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a
release on parole; and

(b) For the purposes of NRS 209.341, an assignment to a
facility of the Department,

except that the offender is not entitled to obtain any
benefits or to participate in any programs provided to offenders in the custody
of the Department.

8. An offender does not have a right to be assigned to
the custody of the Division pursuant to this section, or to remain in that
custody after such an assignment. It is not intended that the establishment or
operation of a judicial program
creates any right or interest in liberty or property or establishes a basis for
any cause of action against the State of Nevada, its political subdivisions,
agencies, boards, commissions, departments, officers or employees.

Sec. 14. NRS 209.4889 is hereby amended to
read as follows:

209.4889 1. The Director may, after consulting with
the Division, enter into one or more contracts with one or more public or private
entities to provide any of the following services, as necessary and
appropriate, to offenders or parolees participating in a correctional or judicial program:

(a) Transitional housing;

(b) Treatment pertaining to substance abuse or mental
health;

(c) Training in life skills;

(d) Vocational rehabilitation and job skills training;
and

(e) Any other services required by offenders or
parolees who are participating in a correctional or judicial program.

2. The Director shall, as necessary and appropriate,
provide referrals and information regarding:

3. The Director may apply for and accept any gift,
donation, bequest, grant or other source of money to carry out the provisions
of this section.

4. As used in this section, training in life skills
includes, without limitation, training in the areas of:

(a) Parenting;

(b) Improving human relationships;

(c) Preventing domestic violence;

(d) Maintaining emotional and physical health;

(e) Preventing abuse of alcohol and drugs;

(f) Preparing for and obtaining employment; and

(g) Budgeting, consumerism and personal finances.

Sec. 15. NRS 212.187 is hereby amended to
read as follows:

212.187 1. A prisoner who is in lawful custody or
confinement, other than in the custody of the Division of Parole and Probation
of the Department of Public Safety pursuant to NRS 209.4886 or section 4 of this act or
residential confinement, and who voluntarily engages in sexual conduct with
another person is guilty of a category D felony and shall be punished as
provided in NRS 193.130.

2. A person who voluntarily engages in sexual conduct
with a prisoner who is in lawful custody or confinement, other than in the
custody of the Division of Parole and Probation of the Department of Public
Safety pursuant to NRS 209.4886 or
section 4 of this act or residential confinement, is guilty of a
category D felony and shall be punished as provided in NRS 193.130.

3. As used in this section, sexual conduct:

(a) Includes acts of masturbation, homosexuality,
sexual intercourse or physical contact with another persons clothed or
unclothed genitals or pubic area to arouse, appeal to or gratify the sexual
desires of a person.

(b) Does not include acts of a person who has custody
of a prisoner or an employee of the institution in which the prisoner is
confined that are performed to carry out the necessary duties of such a person
or employee.

Sec. 16. Chapter 213 of NRS is hereby amended
by adding thereto the provisions set forth as sections 17 to 24, inclusive, of
this act.

Sec. 17. As used in NRS 213.300 to 213.360, inclusive, and sections 17 to 20,
inclusive, of this act, unless the context otherwise requires, the words and
terms defined in sections 18, 19 and 20 of this act have the meanings ascribed
to them in those sections.

Sec. 18. Department means the Department of Corrections.

Sec. 19. Director means the Director of the Department.

Sec. 20. Program means a program of work release that is established by the
Department pursuant to NRS 213.300.

Sec. 21. Correctional program means a program for reentry of offenders and
parolees into the community that is established by the Director pursuant to
section 3 of this act.

Sec. 22. Director means the Director of the Department of Corrections.

Sec. 23. 1. Except as otherwise provided in this section, if a correctional
program has been established by the Director in the county in which an offender
or parolee may be paroled, the Chairman of the Board may, after consulting with
the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or
condition of his parole to the Director if the Chairman believes that the
person:

considered for parole
or a parolee who has violated a term or condition of his parole to the Director
if the Chairman believes that the person:

(a) Would
participate successfully in and benefit from a correctional program; and

(b) Has
demonstrated a willingness to:

(1) Engage
in employment or participate in vocational rehabilitation or job skills
training; and

(2) Meet
any existing obligation for restitution to any victim of his crime.

2. Except as
otherwise provided in this section, if the Chairman is notified by the Director
pursuant to section 3 of this act that a person is suitable to participate in a
correctional program, the Board may, in accordance with the provisions of this
section:

(a) If the
person is an offender who is being considered for parole, upon the granting of
parole to the offender, require as a condition of parole that the offender
participate in and complete the correctional program; or

(b) If the
person is a parolee who has violated a term or condition of his parole, order
him to participate in and complete the correctional program as a condition of
the continuation of his parole and in lieu of revoking his parole and returning
him to confinement.

3. If an
offender who has been assigned to the custody of the Division to participate in
a correctional program pursuant to section 4 of this act is being considered
for parole, the Board shall, if the Board grants parole to the offender,
require as a condition of parole that he continue to participate in and
complete the correctional program.

4. In
determining whether to order a person to participate in and complete a
correctional program pursuant to this section, the Board shall consider:

(a) The
criminal history of the person; and

(b) The safety
of the public.

5. The Board
shall adopt regulations requiring persons who are ordered to participate in and
complete a correctional program pursuant to this section to reimburse the
Department of Corrections and the Division for the cost of their participation
in a correctional program, to the extent of their ability to pay.

6. The Board
shall not order a person to participate in a correctional program if the time
required to complete the correctional program is longer than the unexpired
maximum term of the persons original sentence.

Sec. 24. 1. If the Director determines that a parolee has violated a
term or condition of his participation in the correctional program or a term or
condition of his parole, the Director shall report the violation to the Board.

2. If a
violation of a term or condition of parole is reported to the Board pursuant to
this section, the Board shall proceed in the manner provided in this chapter
for any other violation of a term or condition of parole.

Sec. 25. NRS 213.300 is hereby amended to
read as follows:

213.300 1. The Department of Corrections [shall]may establish and
administer a program of work release under which a person sentenced to a term of imprisonment in an institution of the Department may be
granted the privilege of leaving secure custody during necessary and reasonable
hours to:

term of imprisonment in an institution of the Department may
be granted the privilege of leaving secure custody during necessary and
reasonable hours to:

(a) Work in this state at gainful private employment
that has been approved by the Director [of the Department]
for that purpose.

(b) Obtain in this state additional education,
including vocational, technical and general education.

2. The program may also include temporary leave for
the purpose of seeking employment in this state.

[3. The Director is responsible for the quartering and
supervision of offenders enrolled in the program.]

Sec. 26. NRS 213.310 is hereby amended to
read as follows:

213.310 1. [The Director of the
Department of Corrections] If a program is established by the Department pursuant to
NRS 213.300, the Director shall, by appropriate means of
classification and selection, determine which of the offenders, during the last
6 months confinement, are suitable for the program ,[of work release,]
excluding those sentenced to life imprisonment who are not eligible for parole
and those imprisoned for violations of chapter 201 of NRS who have not been
certified by the designated board as eligible for parole.

2. The Director shall then select the names of those
offenders he determines to be eligible for the program [.] , and the Director shall refer the
names of those offenders to the Chairman of the State Board of Parole
Commissioners for release into the program and, if appropriate, for residential
confinement or other appropriate supervision as determined by the Division of
Parole and Probation of the Department of Public Safety.

Sec. 27. NRS 213.315 is hereby amended to
read as follows:

213.315 1. Except as otherwise provided in this
section, an offender who is illiterate is not eligible to participate in a
program [of work release] unless:

(a) He is regularly attending and making satisfactory
progress in a program for general education; or

(b) The Director, for good cause, determines that the
limitation on eligibility should be waived under the circumstances with respect
to a particular offender.

2. An offender whose:

(a) Native language is not English;

(b) Ability to read and write in his native language is
at or above the level of literacy designated by the Board of State Prison
Commissioners in its regulations; and

(c) Ability to read and write the English language is
below the level of literacy designated by the Board of State Prison
Commissioners in its regulations,

may not be assigned to an industrial or a vocational program
unless he is regularly attending and making satisfactory progress in a course
which teaches English as a second language or the Director, for good cause,
determines that the limitation on eligibility should be waived under the
circumstances with respect to a particular offender.

3. Upon written documentation that an illiterate
offender has a developmental, learning or other similar disability which
affects his ability to learn, the Director [of the Department of
Corrections] may:

(a) Adapt or create an educational program or
guidelines for evaluating the educational progress of the offender to meet his
particular needs; or

(b) Exempt the offender from the required participation
in an educational program prescribed by this section.

4. The provisions of this section do not apply to an
offender who:

(a) Presents satisfactory evidence that he has a high
school or general equivalency diploma; or

(b) Is admitted into a program [of work release]
for the purpose of obtaining additional education in this state.

5. As used in this section, illiterate means having
an ability to read and write that is below the level of literacy designated by
the Board of State Prison Commissioners in its regulations.

Sec.
28. NRS 213.320 is hereby amended to read as follows:

213.320 1. [The Director of the
Department of Corrections] If a program is established by the Department pursuant to
NRS 213.300, the Director shall administer the program [of
work release] and shall:

(a) [Locate]Refer offenders to employers who offer employment or to
employment agencies that locate employment for qualified
applicants;

(b) Effect placement of offenders under the program; and

(c) Generally promote public understanding and
acceptance of the program.

2. All state agencies shall cooperate with the
Director in carrying out this section to such extent as is consistent with
their other lawful duties.

3. The Director shall adopt rules for administering
the program.

Sec. 29. NRS 213.330 is hereby amended to
read as follows:

213.330 1. The salaries or wages of an offender
employed pursuant to the [work release program shall]program must be disbursed
in the following order:

(a) To pay [the
cost of quartering, feeding and clothing the offender.] any costs associated with the
offenders participation in the program, to the extent of his ability to pay.

(b) To allow the offender
necessary travel expense to and from work and his other incidental expenses.

(c) To support the
offenders dependents.

(d) To pay, either in full or ratably, the offenders
obligations which have been acknowledged by him in writing or which have been
reduced to judgment.

2. Any balance of an offenders wages remaining after
all disbursements have been made pursuant to subsection 1 [shall]must be paid to the
offender upon his release from custody.

Sec. 30. NRS 213.350 is hereby amended to
read as follows:

213.350 1. An offender enrolled in the program [of
work release] is not an agent, employee or servant of the
Department [of Corrections] while he is:

(a) Working in the program or seeking such employment;
or

(b) Going to such employment .[from the place where he
is quartered or returning therefrom.]

2. An offender enrolled in the program is considered
to be an offender in an institution of the Department .[of Corrections.]

Sec. 31. NRS 213.360 is hereby amended to
read as follows:

213.360 1. The Director [of the Department of
Corrections] may immediately terminate any offenders
enrollment in the program [of work release] and transfer him to an
institution of the Department [of Corrections]if,
in his judgment, the best interests of the State or the offender require such
action.

if, in his judgment, the best interests of the State or the
offender require such action.

2. If an offender enrolled in the program is absent
from his place of employment [or his designated quarters] without a
reason acceptable to the Director, the offenders absence:

(a) Immediately terminates his enrollment in the
program.

(b) Constitutes an escape from prison, and the offender
shall be punished as provided in NRS 212.090.

Sec. 32. NRS 213.600 is hereby amended to
read as follows:

213.600 As used in NRS 213.600 to 213.635, inclusive, and sections 21 to 24, inclusive, of
this act, unless the context otherwise requires, the words and
terms defined in NRS 213.605 to 213.620, inclusive, and sections 21 and 22 of this act have the
meanings ascribed to them in those sections.

Sec. 33. NRS 213.615 is hereby amended to
read as follows:

213.615 [Program]Judicial program means a
program for reentry of prisoners and parolees into the community that is
established in a judicial district pursuant to NRS 209.4883.

Sec. 34. NRS 213.620 is hereby amended to
read as follows:

213.620 Reentry court means the court in a judicial
district that has established a judicial
program.

Sec. 35. NRS 213.625 is hereby amended to
read as follows:

213.625 1. Except as otherwise provided in this
section, if a judicial program
has been established in the judicial district in which a prisoner or parolee
may be paroled, the Chairman of the Board may, after consulting with the
Division, refer a prisoner who is being considered for parole or a parolee who
has violated a term or condition of his parole to the reentry court if the
chairman believes that the person:

(a) Would participate successfully in and benefit from
a judicial program;
and

(b) Has demonstrated a willingness to:

(1) Engage in employment or participate in
vocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution
to any victim of his crime.

2. Except as otherwise provided in this section, if
the Chairman is notified by the reentry court pursuant to NRS 209.4883 that a
person should be ordered to participate in a judicial program, the Board may, in accordance
with the provisions of this section:

(a) If the person is a prisoner who is being considered
for parole, upon the granting of parole to the prisoner, require as a condition
of parole that the person participate in and complete the judicial program; or

(b) If the person is a parolee who has violated a term
or condition of his parole, order him to participate in and complete the judicial program as a
condition of the continuation of his parole and in lieu of revoking his parole
and returning him to confinement.

3. If a prisoner who has been assigned to the custody
of the Division to participate in a judicial program pursuant to NRS 209.4886 is being
considered for parole:

(a) The Board shall, if the Board grants parole to the
prisoner, require as a condition of parole that the person continue to
participate in and complete the judicial
program.

(b) The Board is not required to refer the prisoner to
the reentry court pursuant to subsection 1 or to obtain prior approval of the
reentry court pursuant to NRS 209.4883 for the prisoner to continue
participating in the judicial program
while he is on parole.

4. In determining whether to order a person to
participate in and complete a judicial
program pursuant to this section, the Board shall consider:

(a) The criminal history of the person; and

(b) The safety of the public.

5. The Board shall adopt regulations requiring persons
who are ordered to participate in and complete a judicial program pursuant to this section to
reimburse the reentry court and the Division for the cost of their
participation in a judicial program,
to the extent of their ability to pay.

6. The Board shall not order a person to participate
in a judicial program
if the time required to complete the judicial program is longer than the unexpired
maximum term of the persons original sentence.

Sec. 36. NRS 213.630 is hereby amended to
read as follows:

213.630 1. If the reentry court determines that a
parolee has violated a term or condition of his participation in the judicial program or a term
or condition of his parole, the court may:

(a) Establish and impose any appropriate sanction for
the violation; and

(b) If necessary, report the violation to the Board.

2. If a violation of a term or condition of parole is reported
to the Board pursuant to this section, the Board shall proceed in the manner
provided in this chapter for any other violation of a term or condition of
parole.

Sec. 37. NRS 213.635 is hereby amended to
read as follows:

213.635 The Division shall supervise each person who
is participating in a correctional
or judicial program pursuant to NRS 209.4886 or 213.625[.] or section 4 or 23 of this act.

Sec. 38. NRS 179.259 is hereby amended to
read as follows:

179.259 1. Except as otherwise provided in
subsections 3 and 4, 5 years after an eligible person completes a program for
reentry, the court may order sealed all documents, papers and exhibits in the
eligible persons record, minute book entries and entries on dockets, and other
documents relating to the case in the custody of such other agencies and
officers as are named in the courts order. The court may order those records
sealed without a hearing unless the Division of Parole and Probation of the
Department of Public Safety petitions the court, for good cause shown, not to
seal the records and requests a hearing thereon.

2. If the court orders sealed the record of an
eligible person, the court shall send a copy of the order to each agency or
officer named in the order. Each such agency or officer shall notify the court
in writing of its compliance with the order.

3. A professional licensing board is entitled, for the
purpose of determining suitability for a license or liability to discipline for
misconduct, to inspect and to copy from a record sealed pursuant to this
section.

4. A person may not petition the court to seal records
relating to a conviction of a crime against a child or a sexual offense.

5. As used in this section:

(a) Crime against a child has the meaning ascribed to
it in NRS 179D.210.

(1) Successfully completed a program for reentry
to which he participated in pursuant to NRS 209.4886 or 213.625[;]or section 4 or 23 of this act; and

(2) Been convicted of a single offense which was
punishable as a felony and which did not involve the use or threatened use of
force or violence against the victim. For the purposes of this subparagraph,
multiple convictions for an offense punishable as a felony shall be deemed to
constitute a single offense if those offenses arose out of the same transaction
or occurrence.

(c) Program for reentry means [a]:

(1)
A correctional program for reentry of offenders and parolees into the community
that is established by the Director of the Department of Corrections pursuant
to section 3 of this act; or

(2)
A judicial program for reentry of [prisoners] offenders and parolees
into the community that is established in a judicial district pursuant to NRS
209.4883.

(d) Sexual offense has the meaning ascribed to it in
paragraph (b) of subsection 7 of NRS 179.245.

Sec. 39. NRS 213.340 is hereby repealed.

________

CHAPTER 427, SB 206

Senate Bill No. 206Committee on Judiciary

CHAPTER 427

AN ACT relating to
liens; prohibiting the waiver or modification of rights relating to mechanics
and materialmens liens except under certain circumstances; prohibiting certain
provisions in a contract for a work of improvement; making various changes to
the provisions relating to mechanics and materialmens liens; and providing
other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 108 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 26,
inclusive, of this act.

Sec. 2. Agent
of the owner means every architect, builder, contractor, engineer, geologist,
land surveyor, lessee, miner, subcontractor or other person having charge or
control of the property, improvement or work of improvement of the owner, or
any part thereof.

Sec. 3. Building
means a primary building or other superstructure, together with all garages,
outbuildings and other structures appurtenant thereto.

Sec. 4. Commencement
of construction means the date on which:

1. Work
performed; or

2. Materials
or equipment furnished in connection with a work of improvement,

1. The
occupation or use by the owner, an agent of the owner or a representative of
the owner of the work of improvement, accompanied by the cessation of all work
on the work of improvement;

2. The
acceptance by the owner, an agent of the owner or a representative of the owner
of the work of improvement, accompanied by the cessation of all work on the
work of improvement; or

3. The
cessation of all work on a work of improvement for 30 consecutive days,
provided a notice of completion is timely recorded and served and the work is
not resumed under the same contract.

Sec. 6. Contract
means a written or oral agreement, including all attachments and amendments
thereto, for the provision of work, materials or equipment for a work of
improvement.

Sec. 7. (Deleted by amendment.)

Sec. 8. Equipment
means tools, machinery and vehicles, furnished or rented, which are used or to
be used in the construction, alteration or repair of a work of improvement at
the request of the owner or an agent of the owner.

Sec. 9. Improvement
means the development, enhancement or addition to property, by the provision of
work, materials or equipment. The term includes, without limitation:

2. A mine or a
shaft, tunnel, adit or other excavation, designed or used to prospect, drain or
work a mine;

3. A system
for irrigation, plants, sod or other landscaping;

4. The
demolition or removal of existing improvements, trees or other vegetation;

5. The
drilling of test holes;

6. Grading,
grubbing, filling or excavating;

7. Constructing
or installing sewers or other public utilities; and

8. Constructing
a vault, cellar or room under sidewalks or making improvements to the sidewalks
in front of or adjoining the property.

Sec. 10. Lien means the statutory rights and security interest in property or
any improvements thereon provided to a lien claimant by NRS 108.221 to 108.246,
inclusive, and sections 2 to 26, inclusive, of this act.

Sec. 11. Lienable amount means the principal amount of a lien to which a lien
claimant is entitled pursuant to subsection 1 of NRS 108.222.

Sec. 12. Lien claimant means any person who provides work, material or equipment
with a value of $500 or more to be used in or for the construction, alteration
or repair of any improvement, property or work of improvement. The term
includes, without limitation, every artisan, builder, contractor, laborer,
lessor or renter of equipment, materialman, miner, subcontractor or other
person who provides work, material or equipment, and any person who performs
services as an architect, engineer, land surveyor or geologist, in relation to
the improvement, property or work of improvement.

Sec. 13. Material means appliances, equipment, machinery and substances affixed,
used, consumed or incorporated in the improvement of property or the
construction, alteration or repair of any improvement, property or work of
improvement.

(a) The record
owner or owners of the property or an improvement to the property as evidenced
by a conveyance or other instrument which transfers that interest to him and is
recorded in the office of the county recorder in which the improvement or the
property is located;

(b) The reputed
owner or owners of the property or an improvement to the property;

(c) The owner
or owners of the property or an improvement to the property, as shown on the
records of the county assessor for the county where the property or improvement
is located;

(d) The person
or persons whose name appears as owner of the property or an improvement to the
property on the building permit; or

(e) A person
who claims an interest in or possesses less than a fee simple estate in the
property.

2. The term
does not include:

(a) A
mortgagee;

(b) A trustee
or beneficiary of a deed of trust; or

(c) The owner
or holder of a lien encumbering the property or an improvement to the property.

Sec. 15. Notice of lien means a notice recorded pursuant to NRS 108.226 to
perfect a lien.

Sec. 16. Prevailing lien claimant means a lien claimant to whom an amount is
found due by a trier of fact on a notice of lien or a claim against a surety
bond.

Sec. 17. Prime contract means a contract between a prime contractor and the
owner of property about which the contract relates.

Sec. 18. Prime contractor means:

1. A person who contracts with an owner of property
to provide work, materials or equipment to be used for the improvement of the
property or in the construction, alteration or repair of a work of improvement;
or

2. A person
who is an owner of the property, is licensed as a general contractor and
provides work, materials or equipment to be used for the improvement of the
property or in the construction, alteration or repair of a work of improvement.

Sec. 19. Principal, as pertaining to a surety bond, means the debtor of the lien
claimant or a party in interest in the property subject to the lien whose name
and signature appear as principal on a surety bond.

Sec. 20. Property means the land, real property or mining claim of an owner for
which a work of improvement was provided, including all buildings, improvements
and fixtures thereon, and a convenient space on, around and about the same, or
so much as may be required for the convenient use and occupation thereof.

Sec. 21. Surety means a corporation authorized to transact surety business in
this state pursuant to NRS 679A.030 that:

1. Is included
in the United States Department of the Treasurys Listing of Approved Sureties;
and

2. Issues a
surety bond pursuant to NRS 108.2413 to 108.2425, inclusive, that does not
exceed the underwriting limitations established for that surety by the United
States Department of the Treasury.

Sec. 22. Surety bond means a bond issued by a surety for the release of a lien
pursuant to NRS 108.2413 to 108.2425, inclusive.

Sec. 23. Work means the planning, design, geotechnical and environmental
investigations, surveying, labor and services provided by a lien claimant for the construction, alteration or repair of any
improvement, property or work of improvement whether the work is completed or
partially completed.

lien claimant for the
construction, alteration or repair of any improvement, property or work of
improvement whether the work is completed or partially completed.

Sec. 24. Work of improvement means the entire structure or scheme of improvement
as a whole, including, without limitation, all work, materials and equipment to
be used in or for the construction, alteration or repair of the property or any
improvement thereon, whether under multiple prime contracts or a single prime
contract except as follows:

1. If a
scheme of improvement consists of the construction of two or more separate
buildings and each building is constructed upon a separate legal parcel of land
and pursuant to a separate prime contract for only that building, then each
building shall be deemed a separate work of improvement; and

2. If the
improvement of the site is provided for in a prime contract that is separate
from all prime contracts for the construction of one or more buildings on the
property, and if the improvement of the site was contemplated by the contracts
to be a separate work of improvement to be completed before the commencement of
construction of the buildings, the improvement of the site shall be deemed a
separate work of improvement from the construction of the buildings and the
commencement of construction of the improvement of the site does not constitute
the commencement of construction of the buildings. As used in this subsection,
improvement of the site means the development or enhancement of the property,
preparatory to the commencement of construction of a building, and includes:

(a) The
demolition or removal of improvements, trees or other vegetation;

(b) The
drilling of test holes;

(c) Grading,
grubbing, filling or excavating;

(d) Constructing
or installing sewers or other public utilities; or

(e) Constructing
a vault, cellar or room under sidewalks or making improvements to the sidewalks
in front of or adjoining the property.

Sec. 25. 1. Except as otherwise provided in NRS 108.221 to 108.246, inclusive,
and sections 2 to 26, inclusive, of this act, a person may not waive or modify
a right, obligation or liability set forth in the provisions of NRS 108.221 to
108.246, inclusive, and sections 2 to 26, inclusive, of this act.

2. A
condition, stipulation or provision in a contract or other agreement for the
improvement of property or for the construction, alteration or repair of a work
of improvement in this state that attempts to do any of the following is void:

(a) Require a
lien claimant to waive rights provided by law to lien claimants or to limit the
rights provided to lien claimants, other than as expressly provided in NRS
108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act;

(b) Relieve a
person of an obligation or liability imposed by the provisions of NRS 108.221
to 108.246, inclusive, and sections 2 to 26, inclusive, of this act;

(c) Make the
contract or other agreement subject to the laws of a state other than this state;

(d) Require any
litigation, arbitration or other process for dispute resolution on disputes
arising out of the contract or other agreement to occur in a state other than
this state; or

(e) Require a
contractor or subcontractor to waive a claim the contractor or subcontractor
may otherwise possess for delay damages or an extension of time for delays
incurred, for any delay which was unreasonable under the circumstances, not
within the contemplation of the parties at the time the contract was entered
into, and for which the contractor or subcontractor is not responsible.

Sec. 26. 1. Any term of a contract that attempts to waive or impair the lien
rights of a contractor, subcontractor or supplier is void. An owner, contractor
or subcontractor by any term of a contract, or otherwise, may not obtain the
waiver of, or impair the lien rights of, a contractor, subcontractor or
supplier, except as provided in this section. Any written consent given by a
lien claimant that waives or limits his lien rights is unenforceable unless the
lien claimant:

(a) Executes
and delivers a waiver and release that is signed by the lien claimant or his
authorized agent in the form set forth in this section; and

(b) In the case
of a conditional waiver and release, receives payment of the amount identified
in the conditional waiver and release.

2. An oral or
written statement purporting to waive, release or otherwise adversely affect
the rights of a lien claimant is not enforceable and does not create any
estoppel or impairment of a lien unless:

(a) There is a
written waiver and release in the form set forth in this section;

(b) The lien
claimant received payment for the lien claim and then only to the extent of the
payment; or

(c) Payment has
been made to the lien claimant and another joint payee by way of a two-party
joint check which, upon endorsement by the lien claimant and the joint check
clearing the bank upon which it is drawn, shall be deemed to be payment to the
lien claimant of:

(1) The
amount of the joint check;

(2) The
amount the owner intended to pay the lien claimant out of the joint check; or

(3) The
balance owed to the lien claimant for the work and materials covered by the
joint check, whichever is less.

3. This
section does not affect the enforceability of either an accord and satisfaction
regarding a bona fide dispute or any agreement made in settlement of an action
pending in any court or arbitration, provided the accord and satisfaction or
settlement make specific reference to the lien rights waived or impaired and is
in a writing signed by the lien claimant.

4. The waiver
and release given by any lien claimant is unenforceable unless it is in the
following forms in the following circumstances:

(a) Where the
lien claimant is required to execute a waiver and release in exchange for or to
induce the payment of a progress billing and the lien claimant is not in fact
paid in exchange for the waiver and release or a single payee check or joint
payee check is given in exchange for the waiver and release, the waiver and
release must be in the following form:

Upon receipt by
the undersigned of a check in the above referenced Payment Amount payable to
the undersigned, and when the check has been properly endorsed and has been
paid by the bank on which it is drawn, this document becomes effective to
release and the undersigned shall be deemed to waive any notice of lien, any
private bond right, any claim for payment and any rights under any similar
ordinance, rule or statute related to payment rights that the undersigned has
on the above described Property to the following extent:

This release
covers a progress payment for the work, materials or equipment furnished by the
undersigned to the Property or to the Undersigneds Customer which are the
subject of the Invoice or Payment Application, but only to the extent of the
Payment Amount or such portion of the Payment Amount as the undersigned is
actually paid, and does not cover any retention withheld, any items,
modifications or changes pending approval, disputed items and claims, or items
furnished or invoiced after the Payment Period. Before any recipient of this
document relies on it, he should verify evidence of payment to the undersigned.
The undersigned warrants that he either has already paid or will use the money
he receives from this progress payment promptly to pay in full all his
laborers, subcontractors, materialmen and suppliers for all work, materials or
equipment that are the subject of this waiver and release.

Dated:...................................................

.........................................................

(Company
Name)

By:...................................................

Its:...................................................

(b) Where the
lien claimant has been paid in full or a part of the amount provided for in the
progress billing, the waiver and release of the amount paid must be in the
following form:

The undersigned
has been paid and has received a progress payment in the above referenced
Payment Amount for all work, materials and equipment the undersigned furnished
to his Customer for the above described Property and does hereby waive and
release any notice of lien, any private bond right, any claim for payment and
any rights under any similar ordinance, rule or statute related to payment
rights that the undersigned has on the above described Property to the
following extent:

This release
covers a progress payment for the work, materials and equipment furnished by
the undersigned to the Property or to the Undersigneds Customer which are the
subject of the Invoice or Payment Application, but only to the extent of the
Payment Amount or such portion of the Payment Amount as the undersigned is
actually paid, and does not cover any retention withheld, any items,
modifications or changes pending approval, disputed items and claims, or items
furnished or invoiced after the Payment Period. The undersigned warrants that
he either has already paid or will use the money he receives from this progress
payment promptly to pay in full all his laborers, subcontractors, materialmen
and suppliers for all work, materials or equipment that are the subject of this
waiver and release.

Dated:...................................................

.........................................................

(Company
Name)

By:...................................................

Its:...................................................

(Each unconditional
waiver and release must contain the following language, in type at least as
large as the largest type otherwise on the document:)

Notice: This
document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign it
to the extent of the Payment Amount or the amount received. If you have not
been paid, use a conditional release form.

(c) Where the
lien claimant is required to execute a waiver and release in exchange for or to
induce payment of a final billing and the lien claimant is not paid in exchange
for the waiver and release or a single payee check or joint payee check is
given in exchange for the waiver and release, the waiver and release must be in
the following form:

Upon receipt by
the undersigned of a check in the above referenced Payment Amount payable to
the undersigned, and when the check has been properly endorsed and has been
paid by the bank on which it is drawn, this document becomes effective to
release and the undersigned shall be deemed to waive any notice of lien, any
private bond right, any claim for payment and any rights under any similar
ordinance, rule or statute related to payment rights that the undersigned has
on the above described Property to the following extent:

This release
covers the final payment to the undersigned for all work, materials or equipment
furnished by the undersigned to the Property or to the Undersigneds Customer
and does not cover payment for Disputed Claims, if any. Before any recipient of
this document relies on it, he should verify evidence of payment to the
undersigned. The undersigned warrants that he either has already paid or will
use the money he receives from the final payment promptly to pay in full all
his laborers, subcontractors, materialmen and suppliers for all work, materials
or equipment that are the subject of this waiver and release.

Dated:...................................................

.........................................................

(Company
Name)

By:...................................................

Its:...................................................

(d) Where the
lien claimant has been paid the final billing, the waiver and release must be
in the following form:

The undersigned
has been paid in full for all work, materials and equipment furnished to his
Customer for the above described Property and does hereby waive and release any
notice of lien, any private bond right, any claim for payment and any rights
under any similar ordinance, rule or statute related to payment rights that the
undersigned has on the above described Property, except for the payment of
Disputed Claims, if any, noted above. The undersigned warrants that he either
has already paid or will use the money he receives from this final payment
promptly to pay in full all his laborers, subcontractors, materialmen and
suppliers for all work, materials and equipment that are the subject of this
waiver and release.

(Each unconditional
waiver and release must contain the following language, in type at least as
large as the largest type otherwise on the document:)

Notice: This
document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign
it, even if you have not been paid. If you have not been paid, use a
conditional release form.

(e) Notwithstanding
any language in any waiver and release form set forth in this section, if the
payment given in exchange for any waiver and release of lien is made by check,
draft or other such negotiable instrument, and the same fails to clear the bank
on which it is drawn for any reason, then the waiver and release shall be deemed
null, void and of no legal effect whatsoever and all liens, lien rights, bond
rights, contract rights or any other right to recover payment afforded to the
lien claimant in law or equity will not be affected by the lien claimants
execution of the waiver and release.

Sec. 27. NRS 108.221 is hereby amended to
read as follows:

108.221 As used in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this
act, unless the context otherwise requires, [work of improvement or
improvement means the entire structure or scheme of improvement as a whole.] the words and terms defined in sections
2 to 24, inclusive, of this act have the meanings ascribed to them in those
sections.

Sec. 28. NRS 108.222 is hereby amended to
read as follows:

108.222 1. Except as otherwise provided in subsection
2, a [person who performs labor upon or furnishes material of the
value of $500 or more, to be used in the construction, alteration or repair of
any building, or other superstructure, railway, tramway, toll road, canal,
water ditch, flume, aqueduct or reservoir, bridge, fence or any other
structure,]lien
claimant has a lien upon the [premises and any
building, structure and improvement thereon]property and any improvements for which
the work, materials and equipment were furnished for:

(a) If the parties [entered into a contract,]agreed upon a specific price or
method for determining a specific price for some or all of the work, material
and equipment furnished by or through the lien claimant, the
unpaid balance of the price agreed upon for[; or

(b) In
absence of a contract,]such work, material or equipment, as the case may be,
whether performed or furnished at the instance of the owner or his agent; and

(b) If the
parties did not agree upon a specific price or method for determining a
specific price for some or all of the work, material and equipment furnished by
or through the lien claimant, an amount equal to the fair market
value of [, the labor performed or material furnished or rented,]such work, material or equipment, as
the case may be, [by each respectively,]
including a reasonable allowance for overhead and a profit, whether performed
or furnished at the instance of the owner [of the building or other
improvement,] or at the instance of his agent.

respectively,]
including a reasonable allowance for overhead and a profit, whether performed
or furnished at the instance of the owner [of the building or other
improvement,] or at the instance of his agent.

2. If a [license is required for the work, only
a contractor licensed pursuant to chapter 624 of NRS, an employee of such a
contractor or a person who furnishes material to be used in the project may
have a lien as described in subsection 1.

3. All
miners, laborers and others who perform labor to the amount of $500 or more in
or upon any mine, or upon any shaft, tunnel, adit or other excavation, designed
or used to prospect, drain or work the mine, and all persons who furnish any
timber or other material, of the value of $500 or more, to be used in or about
a mine, whether performed or furnished at the instance of the owner of the mine
or his agent, have, and may each respectively claim and hold, a lien upon that
mine for:

(a) If the
parties entered into a contract, the unpaid balance of the price agreed upon
for; or

(b) In
absence of a contract, an amount equal to the fair market value of,

the labor so performed
or material furnished, including a reasonable allowance for overhead and a
profit.

4. Every
contractor, subcontractor, engineer, land surveyor, geologist, architect,
builder or other person having charge or control of any mining claim, or any
part thereof, or of the construction, alteration or repair, either in whole or
in part, of any building or other improvement, as these terms are used in
subsection 1, shall be held to be the agent of the owner, for the purposes of
NRS 108.221 to 108.246, inclusive.] contractor or a professional is required to be licensed
pursuant the provisions of NRS to perform his work, the contractor or
professional will only have a lien pursuant to subsection 1 if he is licensed
to perform the work.

Sec. 29. NRS 108.225 is hereby amended to
read as follows:

108.225 1. The liens provided for in NRS 108.221 to
108.246, inclusive, and sections 2
to 26, inclusive, of this act are preferred to:

(a) Any lien, mortgage or other encumbrance which may
have attached to the property after
the [time when the building, improvement or structure was
commenced, work done, or materials were commenced to be furnished.] commencement of construction of a work
of improvement.

(b) Any lien, mortgage or other encumbrance of which
the [lienholder]lien claimant had no notice and which was
unrecorded against the property at
the [time the building, improvement or structure was commenced,
work done, or the materials were commenced to be furnished.

For the purposes
of this subsection, work done does not include any work commenced before
on-site construction has started.

2. Except
as otherwise provided in subsection 3, every]commencement of construction of a work
of improvement.

2. Every mortgage
or encumbrance imposed upon, or conveyance made of, property affected by the
liens provided for in NRS 108.221 to 108.246, inclusive, [between the time when the
building, improvement, structure or work thereon was commenced, or the
materials thereof were commenced to be furnished, and the expiration of the
time fixed in NRS 108.221 to 108.246, inclusive, in which liens therefor may be
recorded, whatever the terms of payment may be,]and sections 2 to 26, inclusive, of this
act after the commencement of construction of a work of improvement are
subordinate and subject to the liens [in full authorized]
provided for in NRS 108.221 to 108.246, inclusive, and sections 2 to 26,
inclusive, of this act regardless of the date of recording the notices of
liens.

subordinate and subject to the liens [in full authorized]provided for in NRS
108.221 to 108.246, inclusive, and
sections 2 to 26, inclusive, of this act regardless of the date
of recording the notices of liens.

[3. If any improvement at the site is provided for in a
contract that is separate from any contract for the construction of a building
or other structure, the improvement at the site shall be deemed a separate work
of improvement and the commencement thereof does not constitute the
commencement of the construction of the building or other structure. As used in
this subsection, improvement at the site means:

(a) The
demolition or removal of improvements, trees or other vegetation from;

(b) The
drilling of test holes in;

(c) Grading,
filling or otherwise improving; or

(d) Constructing
or installing sewers or other public utilities on,

any lot or tract
of land or the street, highway or sidewalk in front of or adjoining any lot or
tract of land. The term includes the construction of any vaults, cellars or
rooms under the sidewalks or making improvements to the sidewalks in front of
or adjoining any tract of land.]

Sec. 30. NRS 108.226 is hereby amended to read
as follows:

108.226 1. [Every person claiming the
benefit of NRS 108.221 to 108.246, inclusive,]To perfect his lien, a lien claimant must
record his notice of lien in the office
of the county recorder of the county where the property or some part thereof is
located in the form provided in subsection 5:

(a) Within 90 days after the date on which the latest of the following occurs:

(1)
The completion of the work of improvement;

[(b) Within 90 days after the]

(2)
The last delivery of material or furnishing of equipment by the lien
claimant[;
or

(c) Within
90 days after the]for the work of improvement; or

(3)
The last performance of [labor]work by the lien
claimant[,

whichever is
later.

2. The
time within which to perfect the lien by recording the notice of lien is
shortened if a]for the work of improvement; or

(b) Within
40 days after the recording of a valid notice of completion, if the notice
of completion is recorded [in a timely]and served in the manner required pursuant to NRS 108.228 . [, in which event the
notice of lien must be recorded within 40 days after the recording of the
notice of completion.

3. Any one
of the following acts or events is equivalent to completion of the work of
improvement for all purposes of NRS 108.221 to 108.246, inclusive:

(a) The
occupation or use of a building, improvement or structure by the owner, his
agent or his representative and accompanied by cessation of labor thereon.

(b) The
acceptance by the owner, his agent or his representative of the building,
improvement or structure.

(c) The
cessation from labor for 30 days upon any building, improvement or structure,
or the alteration, addition to or repair thereof.

(d) The
recording of the notice of completion provided in NRS 108.228.

4. For the
purposes of this section, if a work of improvement consists of the construction
of more than one separate building and each building is constructed pursuant
to:

(a) A
separate contract, each building shall be deemed a separate work of
improvement. The time within which to perfect the lien by recording the notice
of lien pursuant to subsection 1 commences to run upon the completion of each
separate building; or

(b) A
single contract, the time within which to perfect the lien by recording the
notice of lien pursuant to subsection 1 commences to run upon the completion of
all the buildings constructed pursuant to that contract.

As used in this
subsection, separate building means one structure of a work of improvement
and any garages or other outbuildings appurtenant thereto.

5.] 2. The notice of [mechanics
lien must be recorded in the office of the county recorder of the county where
the property or some part thereof is situated and]lien must contain:

(a) A statement of [his demand]the lienable amount after
deducting all just credits and offsets.

(b) The name of the owner [or reputed owner]
if known.

(c) The name of the person by whom he was employed or
to whom he furnished the material.

(d) A brief
statement of the terms[, time given and conditions]of payment of his
contract.

(e) A description of the property to be charged with
the notice of lien
sufficient for identification.

[6. The claim]

3. The
notice of lien must be verified by the oath of the lien claimant or some
other person. The [claim]notice of lien need not be acknowledged to be
recorded.

[7.] 4. It is unlawful for a person knowingly to make
a false statement in or relating to the recording of a notice of lien pursuant
to the provisions of this section. A person who violates this subsection is
guilty of a gross misdemeanor and shall be punished by a fine of not less than
$5,000 nor more than $10,000.

5. A
notice of lien must be substantially in the following form:

Assessors
Parcel Numbers

NOTICE OF LIEN

The undersigned
claims a lien upon the property described in this notice for work, materials or
equipment furnished for the improvement of the property:

1. The amount
of the original contract is: $....................

2. The total
amount of all changes and additions, if any, is: $....................

3. The total
amount of all payments received to date is: $....................

4. The amount
of the lien, after deducting all just credits and offsets, is:
$....................

5. The name of
the owner, if known, of the property is: .....................................

6. The name of
the person by whom the lien claimant was employed or to whom the lien claimant
furnished work, materials or equipment is: 7.

8. A
description of the property to be charged with the lien is: .......................

.........................................................

(Print
Name of Lien Claimant)

By:...................................................

(Authorized
Signature)

State of Nevada )

)
ss.

County of ............................................ )

..............................
(print name), being first duly sworn on oath according to law, deposes and
says:

I have
read the foregoing Notice of Lien, know the contents thereof and state that the
same is true of my own personal knowledge, except those matters stated upon
information and belief, and, as to those matters, I believe them to be true.

(Authorized
Signature of Lien Claimant)

Subscribed and
sworn to before me

this ..........
day of the month of ............... of the year ..........

6. If a
work of improvement involves the construction, alteration or repair of
multifamily or single-family residences, a lien claimant, except laborers, must
serve a 15-day notice of intent to lien incorporating substantially the same
information required in a notice of lien upon both the owner and the prime
contractor before recording a notice of lien. Service of the notice of intent
to lien must be by personal delivery or certified mail and will extend the time
for recording the notice of lien described in subsection 1 by 15 days. A notice
of lien for materials or equipment furnished or for work or services performed,
except labor, for a work of improvement involving the construction, alteration
or repair of multifamily or single-family residences may not be perfected or enforced
pursuant to NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive,
of this act, unless the 15-day notice of intent to lien has been given.

Sec. 31. NRS 108.227 is hereby amended to
read as follows:

108.227 1. In addition to the requirements of NRS
108.226, a copy of the [claim]notice of lien must be served upon the [record]
owner of the property within 30 days after recording the notice of lien, in one
of the following ways:

(a) By personally
delivering a copy of
the notice of lien to the [record owner personally;

(b) If he
is absent from his place of residence, or from his usual place of business, by
leaving a copy with some person of suitable age and discretion at either place
and mailing a copy addressed to the record owner at his place of residence or
place of business; or

(c) If his]owner or resident agent of the
owner;

(b) By
mailing a copy of the notice of lien by certified mail return receipt requested
to the owner at his place of residence or his usual place of business or to the
resident agent of the owner at the address of the resident agent; or

(c) If the
place of residence or business of the owner and the address of the resident agent of the
owner, if applicable, cannot be [ascertained, or a person
of suitable age or discretion cannot be found there,]determined, by:

(1) Fixing a copy of the notice of lien in a conspicuous place
on the property;

(2) Delivering a copy of the notice of lien to a person there
residing, if such a person can be found; and

(3) Mailing a copy of the notice of lien addressed to the [record]
owner at [the]:

(I)
The place where the property is [situated.

2. Failure] located;

(II)
The address of the owner as identified in the deed;

(III)
The address identified in the records of the office of the county assessor; or

(IV)
The address identified in the records of the county recorder of the county in
which the property is located.

2. If
there is more than one owner, failure to serve a copy of the [claim]notice of lien upon
a particular [record] owner does not invalidate a [claim
based on a valid service]notice of lien if properly served upon another
[record] owner.

3. [As used in this section, record owner means any person who
holds an interest in real property or any improvement thereon evidenced by a
conveyance or other instrument which transfers that interest to him and is
recorded in the office of the county recorder of the county in which the real
property is located, but does not include:

(a) A
mortgagee;

(b) A
trustee under, or a beneficiary of, a deed of trust; or

(c) The
owner or holder of a lien encumbering real property or any improvement thereon.] Each subcontractor who participates in
the construction, improvement, alteration or repair of a work of improvement
shall deliver a copy of each notice of lien required by NRS 108.226 to the
prime contractor. The failure of a subcontractor to deliver the notice to the
prime contractor is a ground for disciplinary proceedings pursuant to chapter
624 of NRS.

Sec. 32. NRS 108.2275 is hereby amended to
read as follows:

108.2275 1. The debtor of the lien claimant or a
party in interest in the [premises]property subject to the notice of lien who believes the notice of lien
is frivolous and was made without reasonable cause, or that the amount of the
lien is excessive, may apply by motion to the district court for the county
where the property or some part thereof is [situated]located for an order
directing the lien claimant to appear before the court to show cause why the
relief requested should not be granted.

(a) Set forth
in detail the legal and factual grounds
upon which relief is requested ;
and [must be]

(b) Be supported
by [the affidavit of]:

(1)
A notarized affidavit signed by the applicant [or
his attorney] setting forth a concise statement of the
facts upon which the motion is based[.]; and

(2)
Documentary evidence in support of the affidavit, if any.

3. If
the court issues an order for a hearing, the applicant shall serve notice of
the application and order of the court on the lien claimant within 3 days after
the court issues the order. The court shall conduct the hearing within not less
than [10]15 days or more than [20]30 days after the court
issues the order[.

2.] for a hearing.

4.
The order for a hearing must include a statement that if the lien claimant
fails to appear at the time and place noted, the notice of lien will be released with prejudice
and the lien claimant will be ordered to pay the reasonable costs [requested by]
the applicant[,
including reasonable attorneys fees.

3.] incurs in bringing the motion,
including reasonable attorneys fees.

5.
If, at the time the application is filed, an action to foreclose the notice of lien has not
been filed, the clerk of the court shall assign a number to the application and
obtain from the applicant a filing fee of $85. If an action has been filed to
foreclose the notice of lien
before the application was filed pursuant to this section, the application must
be made a part of the action to foreclose the notice of lien.

[4.] 6. If, after a hearing on the matter, the
court determines that:

(a) The notice
of lien is frivolous and was made without reasonable cause, the
court [may]shall make an order releasing the lien and
awarding costs and reasonable attorneys fees to the applicant[.] for bringing the motion.

(b) The amount of the notice of lien is excessive, the court may
make an order reducing the notice
of lien to an amount deemed appropriate by the court and awarding
costs and reasonable attorneys fees to the applicant[.] for bringing the motion.

(c) The notice
of lien is not frivolous and was made with reasonable cause [and]or that the amount
of the notice of lien
is not excessive, the court [may]shall make an order awarding costs and
reasonable attorneys fees to the lien claimant[.

5.] for defending the motion.

7.
Proceedings conducted pursuant to this section do not affect any other rights
and remedies otherwise available to the parties.

[6.] 8. An appeal may be taken [by
either party] from an order made pursuant to subsection [4.] 6.

[7.] 9. If an order releasing or reducing a notice of lien is entered
by the court, and the order is not stayed, the [lien claimant shall,
within 2]applicant
may, within 5 days after the order is entered, record a certified
copy of the order in the office of the county recorder of the county where the
property or some part thereof is [situated.]located. The recording of
a certified copy of the order releasing or reducing a notice of lien is notice to any interested
party that the notice of lien
has been released or reduced.

(b) There
has been a cessation from labor thereon for a period of 30 days.]

2. The notice of completion must be recorded in the
office of the county recorder of the county where the property is [situated]located and must set
forth:

(a) The date [when the work of
improvement was completed, or the date on which cessation from labor occurred
first and the period of its duration.] of completion of the work of improvement.

(b) The owners name or owners names, as the case may
be, the address of the owner or addresses of the owners, as the case may be,
and the nature of the title, if any, of the person signing the notice.

(c) A description of the property sufficient for
identification.

(d) The name of the prime contractor[,]or names of the prime contractors, if
any.

3. The notice must be verified by the owner or by some
other person on his behalf. The notice need not be acknowledged to be recorded.

4. Upon recording the notice pursuant to this section,
the owner shall, within 10 days after the notice is recorded, deliver a
copy of the notice by certified mail, to:

(a) [Any general]Each prime contractor with whom the owner
contracted for all or part of the
work of improvement.

(b) [Any person]Each potential lien claimant who, before the
notice was recorded pursuant to this section, either submitted a request to the owner to
receive the notice[.] or delivered a preliminary notice of
right to lien pursuant to NRS 108.245.

5. The
failure of the owner to deliver a copy of the notice of completion in the time
and manner provided in this section renders the notice of completion
ineffective with respect to each prime contractor and lien claimant to whom a
copy was required to be delivered pursuant to subsection 4.

Sec. 34. NRS 108.229 is hereby amended to
read as follows:

108.229 1. At any time before or during the trial of any action to
foreclose a lien, a lien claimant may record an amended notice of lien to
correct or clarify his notice of lien. The lien claimant shall serve the owner
of the property with an amended notice of lien in the same manner as required
for serving a notice of lien pursuant to NRS 108.227 and within 30 days after
recording the amended notice of lien. A variance between a notice of lien and
an amended notice of lien does not defeat the lien and shall not be deemed
material unless the variance:

(a) Results
from fraud or is made intentionally; or

(b) Misleads
an adverse party to his prejudice, but then only with respect to the adverse
party who was prejudiced.

2. Upon
the trial of any action or suit to foreclose [such lien no]a lien, a variance
between the lien and the proof [shall]does not defeat the lien [or]and shall not be deemed
material unless the [same results]variance:

(a) Results
from fraud or is made intentionally[, or has misled]; or

(b) Misleads
the adverse party to his prejudice, but [in]then only with respect to the adverse
party who was prejudiced.

In all
cases of immaterial variance the [claim]notice of lien may be
amended, by amendment duly recorded, to conform to the proof.

3. An error
or mistake in the name of the owner [or reputed owner]
contained in any [claim]notice of lien [shall be held to]does not defeat the
lien, unless a correction of the notice
of lien in [this]a particular instance would prejudice the rights of an
innocent bona fide purchaser or encumbrancer for value[.

3.] , but then only with respect to the
bona fide purchaser or encumbrancer for value who was prejudiced.

4.
Upon the trial, [however,] if it [shall appear]appears that an
error or mistake has been made in the name of the owner [or reputed owner,]
or that the wrong person has been named as owner [or reputed owner]
in any [such claim]notice of lien, the court shall order an
amended [claim]notice of lien to be recorded with the county recorder where the
original [claim]notice of lien was recorded[,]
and shall issue to the person who is so made to appear to be the original [or
reputed] owner a notice directing [such]the person or
persons to be and appear before the court within the same time as is provided
by Nevada Rules of Civil Procedure for the appearance in other actions after
the service of summons, which notice [shall]must be served in
all respects as a summons is required to be served, and to show cause why:

(a) He should not be substituted[,]as the correct owner in
the [claim]notice of lien and in the suit, in lieu of the
person so made defendant and alleged to be owner [or reputed owner]
by mistake.

(b) He should not be bound by the judgment or decree of
the court. Such proceedings [shall]must be had therein as though the party so
cited to appear had been an original party defendant in the action or suit, and
originally named in the [claim]notice of lien as owner ,[or reputed owner,]
and the rights of all parties [shall]must thereupon be fully adjudicated.

[4.] 5. A notice of lien which contains therein
the description of the [real] property supplied by and set forth
in the notice of completion recorded pursuant to NRS 108.228 [shall,]must, for all
purposes, be sufficient as a description of the actual [real]
property upon which the work [or labor] was performed or materials or equipment were supplied , [;]
and amendment of the notice of lien
[claim] or amendment of the pleading
filed by the lien claimant in a foreclosure action, or both, may be made to
state the correct description, and [such]the corrected
description [shall relate]relates back to the time of recording [such]the notice of lien ,[claim,]
unless a correction of the notice
of lien in [this]a particular instance would prejudice the rights of an
innocent bona fide purchaser or encumbrancer for value[.] , but then only with respect to the
bona fide purchaser or encumbrancer for value who was prejudiced.

Sec. 35. NRS 108.231 is hereby amended to
read as follows:

108.231 1. In every case in which [one
claim]a
notice of lien is recorded against two or more separate buildings[,]or mining claims [or
other improvements owned by the same person, the person recording such claim
must at the same time designate]that are owned by the same person and that are located on
separate legal parcels that existed at the commencement of construction, the
lien claimant must, at the time of recording the notice of lien, designate the
lienable amount due
to him on each [of such buildings, mining claims or other improvements;
otherwise the lien of such claim is postponed to other liens.] building or mining claim.

2. The lien of [such claimant does not
extend beyond]a lien claimant only applies to the lienable amount designated[,]in the notice of lien, plus all amounts
that may be awarded by the court pursuant to NRS 108.237, as against other creditors having liens by judgment or otherwise,
upon [either of such buildings or other improvements, or upon the land upon
which the same are constructed.]

against other creditors having liens by judgment or
otherwise, upon [either of such buildings or other improvements, or upon the
land upon which the same are constructed.] the buildings or mining claims.
However, the lienable amount chargeable to the interest of the owner in each
building must be the total amount of the lien claimants notice of lien,
without regard to the proportionate amount designated to each separate building
in the lien claimants notice of lien, plus all amounts that may be awarded by
the court pursuant to NRS 108.237, but upon the trial thereof, the court may,
where it deems it equitable to do so, distribute the lien equitably as among
the several buildings involved.

3. If a
lien claimant fails to designate in his notice of lien the amount due to him on
each separate building as provided in subsection 1, the lien claimants notice
of lien must be postponed to the notices of lien of other lien claimants and
other encumbrancers for value who have designated the amount due on each
building or mining claim but must not be inferior to any rights or interests of
the owner. For purposes of this subsection, a lien claimants lien must not be
postponed to other liens or encumbrances if the lien claimants designation
among the parcels was estimated by the lien claimant in good faith or was based
upon a pro rata division of the total lienable amount.

Sec. 36. NRS 108.232 is hereby amended to
read as follows:

108.232 The county recorder of the county in which property that is subject to a lien is
located must record the [claim]notice of lien in a
book kept by him for that purpose, which record must be indexed as deeds and
other conveyances are required by law to be indexed, and for which he may
receive the same fees as are allowed by law for recording deeds and other
instruments.

Sec. 37. NRS 108.233 is hereby amended to
read as follows:

108.233 1. [No]A lien provided for in NRS
108.221 to 108.246, inclusive, [binds any building, mining claim, improvement or structure]and sections 2 to 26, inclusive,
of this act must not bind the property subject to the lien for a [longer]
period longer than 6
months after [such lien has been]the date on which the notice of lien was recorded,
unless:

(a) Proceedings are commenced in a proper court within
that time to enforce the same; or

(b) The time to commence the action is extended by a
written instrument signed by the [lienor]lien claimant and by a
person or persons in interest in the property subject to the lien, in which
event, and as to only that person or those persons in interest signing the
agreement, the time is extended , [;]
but no extension [shall be]is valid unless in writing and recorded in the
county recorders office in which the notice of lien is recorded and unless the
extension agreement is recorded within [such]the 6-month period . [; and such]The extension
agreement, to be recorded, must be acknowledged as required by law for the
acknowledgment of deeds. An action may be commenced within [such]the extended time
only [as to]against the persons signing the extension
agreement and only as to their
interests in the property are
affected, and upon the lapse of the time specified in the extension agreement,
an action may not thereafter be commenced, nor may a second extension be given.

2. For all purposes, a [mechanics lien of record]notice of lien shall
be deemed to have expired as a lien against the property after the lapse of the 6-month period
provided in subsection 1, and [such recording shall]the recording
of a notice of lien does not provide actual or constructive notice after the
lapse of [such] the 6-month period and as a lien on the [real] property
referred to in the [recorded] notice of lien, unless, [prior to] before the
lapse of [such] the 6-month period [the] an extension agreement has been
recorded, in which event, the lien [shall] will only continue as a lien on the
interests of those persons signing the extension for the period specified in
the extension .

recording of a
notice of lien does not provide actual or constructive notice
after the lapse of [such]the 6-month period and as a lien on the [real]
property referred to in the [recorded] notice of lien, unless, [prior
to]before the
lapse of [such]the 6-month period [the]an extension
agreement has been recorded, in which event, the lien [shall]will only continue
as a lien on the interests of those persons signing the extension for the
period specified in the extension
.[and for no longer period.] An extension must not be given for a
period in excess of 1 year beyond the date on which the notice of lien is
recorded.

3. If there are other [claims]notices of lien outstanding
against the property, [no extension shall]an extension must not be given upon [the]a notice of lien
which will tend to delay or postpone the collection of other [claims]liens evidenced by a notice of
lien or encumbrances against the property . [; and no extension shall
be given for a period in excess of 1 year beyond the recording of the lien.]

Sec. 38. NRS 108.234 is hereby amended to
read as follows:

108.234 [Every building or other improvement
mentioned in NRS 108.222,]

1. Except
as otherwise provided in subsection 2, every improvement constructed
, altered or repaired upon
[any lands with the knowledge of the owner or the person
having or claiming any interest therein,]property shall be [held]deemed to have been
constructed , altered or repaired
at the instance of [the owner or person]each owner having or
claiming any interest therein, and the interest owned or claimed [is]must be subject to [any]each notice of lien
recorded in accordance with the provisions of NRS 108.221 to 108.246,
inclusive, [unless the owner or person having or claiming an interest
therein shall,]and sections 2 to 26, inclusive, of this act.

2. The
interest of a disinterested owner in any improvement and the property upon
which an improvement is constructed, altered or repaired is not subject to a
notice of lien if the disinterested owner, within 3 days after he
[has obtained]first obtains knowledge of the construction,
alteration or repair, or the intended construction, alteration or repair, [give]gives notice that he
will not be responsible for the improvement by recording a notice in writing to
that effect with the county recorder of the county where the [land
or building is situated]property is located and, in the instance of[:

1.]a disinterested owner who is:

(a)
A lessor, the notice of [lien] nonresponsibility shall be deemed
timely recorded if the notice is recorded within 3 days immediately following
the [execution]effective date of the lease [by
all parties as to that construction, alteration or repair, or intended
construction, alteration or repair, known to the lessor at]or by the time of
the execution of the lease by all parties[.

2.] , whichever occurs first; or

(b)
An optionor, the notice of [lien] nonresponsibility shall be deemed
timely recorded if the notice is recorded within 3 days immediately following
the [execution of the agreement permitting entry upon the real
property by all parties as to that construction, alteration, repair, or
intended construction, alteration, repair or other work known to the optionor
at the time of the execution of the agreement by all parties.] date on which the option is exercised
in writing.

3. Each
notice of nonresponsibility recorded pursuant to this section must identify:

(b) The
location of the improvement and the property upon which the improvement is or
will be constructed, altered or repaired;

(c) The
nature and extent of the disinterested owners interest in the improvement and
the property upon which the improvement is or will be constructed, altered or
repaired; and

(d) The
date on which the disinterested owner first learned of the construction,
alteration or repair of the improvement that is the subject of the notice of
nonresponsibility.

4. Any
lessee who causes a work of improvement to be constructed, altered or repaired
upon property that is leased shall provide a payment and completion bond from a
surety licensed to do business in this state in an amount equal to not less
than 1.5 times the total amount of the construction contract. The surety bond
must be recorded in accordance with NRS 108.2415 to 108.2425, inclusive, before
commencement of the construction, alteration or repair of the work of
improvement and must be payable upon default by the lessee of any undisputed
amount pursuant to the construction contract that is due and payable to the
prime contractor for more than 30 days. If a lessee fails to record a surety
bond as required pursuant to this section, the prime contractor may invalidate
the construction contract and may recover damages including, without
limitation, consequential damages, reasonable attorneys fees and costs.

5. As
used in this section, disinterested owner means an owner who did not
personally or through his agent or representative, directly or indirectly,
request, require, authorize, consent to or cause a work of improvement, or any
portion thereof, to be constructed, altered or repaired upon the property of
the owner. The term must not be interpreted to invalidate a notice of
nonresponsibility recorded pursuant to this section or to deny the rights
granted pursuant to this section upon the recording of a notice of
nonresponsibility because:

(a) The
disinterested owner is a lessor or an optionor under a lease that requests,
requires, authorizes or consents to his lessee causing the work of improvement
to be constructed, altered or repaired upon the property;

(b) The
lessee personally or through his agent or representative enters into a contract
and causes the work of improvement to be constructed, altered or repaired upon
the property; and

(c) The
lessor or optionor notifies the lessee in writing that pursuant to subsection
4, the lessee must record a surety bond before causing a work of improvement to
be constructed, altered or repaired upon the property.

Sec. 39. NRS 108.235 is hereby amended to
read as follows:

108.235 1. [The contractor shall be
entitled to recover, upon a lien recorded by him, only such]A prime contractor:

(a) Upon a
notice of lien, may recover the lienable amount as may be due to
him [according to the terms of his contract, after deducting all
claims of other parties], plus all amounts that may be awarded to him by the court
pursuant to NRS 108.237; and

(b) Upon
receipt of the amount described in paragraph (a), shall pay all liens for the work [done
and material furnished,], equipment or materials which were furnished to him as
provided in NRS 108.221 to 108.246, inclusive[.] , and sections 2 to 26, inclusive, of
this act.

2. In all cases where a prime contractor has been paid for the work, materials or
equipment which are the subject of a notice of lien [is]recorded under NRS 108.221 to 108.246, inclusive, [for
work done or materials furnished to any contractor, he] and sections 2 to 26,
inclusive, of this act, the prime contractor shall defend the owner in any
action brought thereupon at his own expense.

recorded under NRS 108.221 to 108.246, inclusive, [for
work done or materials furnished to any contractor, he]and sections 2 to 26, inclusive, of this
act, the prime contractor shall defend the owner in any action brought thereupon at
his own expense. [During the pendency of the action,]

3. Except
as otherwise provided in this subsection, if a lien claimant records a notice
of lien for the work, equipment or materials furnished to the prime contractor,
the owner may withhold from the prime contractor the amount of money for which
[such]the lien claimants notice of lien is [filed.]recorded. If the lien claimants
notice of lien resulted from the owners failure to pay the prime contractor
for the lien claimants work, materials or equipment, the owner shall not
withhold the amount set forth in the notice of lien from the prime contractor
if the prime contractor tenders a release of the lien claimants lien to the
owner. In case of judgment against the owner or his property [upon]which is the subject of the
lien, the owner [shall be entitled to]may deduct, from any
amount due or to become due by him to the prime contractor, the amount [of
the judgment and costs. If the amount of the judgment and costs exceeds the
amount due by him to the contractor, or if the owner has settled with the contractor,
the owner shall be entitled to]paid by the owner to the lien claimant for which the prime
contractor was liable and recover back from the prime contractor any
amount so paid by the owner in excess of the [contract price, and for
which the contractor was originally the party liable.] amount the court has found that the
owner owes to the prime contractor.

Sec. 40. NRS 108.236 is hereby amended to
read as follows:

108.236 1. In every case in which different liens are
asserted against any property, the court, in the judgment, must declare the
rank of each lien[,]claimant or class of
[liens, which must be]lien claimants in the
following order:

(a) First:
All labor whether performed at the instance or direction of the owner, the subcontractor or the [original]prime contractor.

(b) Second:
Material suppliers[.

Third: The
subcontractors, architects, land surveyors, geologists and engineers, if such
architects, land surveyors, geologists and engineers]and lessors of equipment.

(c) Third:
All other lien claimants who have performed their [services,]work, in whole or in
part, under contract with the [general contractor.

Fourth: The
original contractors, architects, land surveyors, geologists and engineers, if
such architects, land surveyors, geologists and engineers have not performed
their services, in whole or in part, under contract with the general
contractor, and all persons other than original contractors, subcontractors,
architects, land surveyors, geologists and engineers.] prime contractor or any subcontractor.

(d) Fourth:
All other lien claimants.

2. The proceeds of the sale of the property must be
applied to each lien[,]claimant or class of
[liens,]lien claimants in the order of its rank.

Sec. 41. NRS 108.237 is hereby amended to
read as follows:

108.237 1. [Any number of persons
claiming liens may join in the same action. When separate actions are commenced
the court may consolidate them.] The court shall award to a prevailing lien claimant,
whether on its lien or on a surety bond, the lienable amount found due to the
lien claimant by the court and the cost of preparing and filing the lien claim,
including, without limitation, attorneys fees, if any, and interest.

The court shall
also award to the prevailing lien claimant, whether on its lien or on a surety
bond, the costs of the proceedings, including, without limitation, reasonable
attorneys fees, the costs for representation of the lien claimant in the
proceedings, and any other amounts as the court may find to be justly due and
owing to the lien claimant.

2. The court [may also allow]shall calculate interest for
purposes of subsection 1 based upon:

(a) The
rate of interest agreed upon in the lien claimants contract; or

(b) If a
rate of interest is not provided in the lien claimants contract, interest
at a rate equal to the prime rate at the largest bank in Nevada, as ascertained
by the Commissioner of Financial Institutions, on January 1 or July 1, as the
case may be, immediately preceding the date of judgment, plus 2 percent, on the
amount of the lien found payable. [The interest is payable
from the date that the payment is found to have been due, and the court may
allow, as part of the costs, the money paid for recording the lien.]
The rate of interest must be adjusted accordingly on each January 1 and July 1
thereafter until the amount of the lien is paid.

[3. The court shall also allow to the prevailing party
reasonable attorneys fees for the preparation of the lien and for
representation of the lien claimant in the action.]

Interest is
payable from the date on which the payment is found to have been due, as
determined by the court.

3. If the
lien claim is not upheld, the court may award costs and reasonable attorneys
fees to the owner or other person defending against the lien claim if the court
finds that the notice of lien was pursued by the lien claimant without a reasonable
basis in law or fact.

Sec. 42. NRS 108.238 is hereby amended to
read as follows:

108.238 [Nothing contained in]The provisions of NRS
108.221 to 108.246, inclusive, [shall]and sections 2 to 26, inclusive, of this act must not be
construed to impair or affect the right of [any person]a lien claimant to
whom any debt may be due for work [done or material], materials or equipment furnished
to maintain a [personal]civil action to recover [such]that debt against
the person liable therefor[.] or to submit any controversy arising
under a contract to arbitration to recover that amount.

Sec. 43. NRS 108.239 is hereby amended to
read as follows:

108.239 1. [Liens]A notice of lien may
be enforced by an action in any court of competent jurisdiction, on setting out
in the complaint the particulars of the demand, with a description of the [premises]property to be
charged with the lien.

2. At the time of filing the complaint and issuing the
summons, the [plaintiff]lien claimant shall:

(a) File a notice of pendency of the action in the
manner provided in NRS 14.010; and

(b) Cause a notice of foreclosure to be published at least once a
week for 3 successive weeks, in one newspaper published in the county, and if
there is no newspaper published in the county, then in such mode as the court
may determine, notifying all persons holding or claiming [liens]a notice of lien pursuant
to the provisions of NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act on
the [premises]property to file with the clerk and serve on
the [plaintiff]lien claimant and also on the defendant, if
the defendant is within the State or is represented by counsel, written statements of the facts constituting their liens, together with
the dates and amounts thereof.

statements of the facts constituting their liens, together
with the dates and amounts thereof. [The statements must be
filed]

3. All
persons holding or claiming a notice of lien may join a lien claimants action
by filing a statement of facts within 10 days after the last
publication of the notice[.
The plaintiff]of foreclosure. Any number of persons claiming liens may join in the same
action if they timely file a statement of facts in the lien claimants action.
The lien claimant and other parties adversely interested must be
allowed [5]20 days to answer the statements.

[3.] 4. If it appears from the records of the
county recorder that there are other notices of lien [claims]
recorded against the same [premises]property at the time of the commencement of
the action, the [plaintiff]lien claimant shall, in addition to and after
the initial publication of the notice of foreclosure as provided in paragraph (b) of
subsection 2, mail to those other lien claimants, by registered or certified
mail, or deliver in person a copy of the notice of foreclosure as published.

[4.] 5. At the time of any change in the venue of
the action, the [plaintiff]lien claimant shall file a notice of pendency
of the action, in the manner provided in NRS 14.010, and include in the notice
the court and county to which the action is changed.

[5.] 6.When separate actions are commenced by lien claimants to
foreclose on their respective notices of lien, the court may consolidate all
the actions. The consolidation does not affect or change the priority of lien
claims.

7. The
court shall enter judgment according to the right of the parties, and shall, by
decree, proceed to hear and determine the claims in a summary way, or may, if
it be the district court, refer the claims to a special master to ascertain and report upon
the liens and the amount justly due thereon. No consequential damages may be
recovered in an action pursuant to this section. All liens not so exhibited
shall be deemed to be waived in favor of those which are so exhibited.

[6.] 8.Upon petition by a lien claimant for a preferential trial
setting:

(a) The
court shall give preference in setting a date for the trial of an action
brought pursuant to this section; and

(b) If a
lien action is designated as complex by the court, the court may take into
account the rights and claims of all lien claimants in setting a date for the
preferential trial.

9. If the
lienable amount of a lien claimants lien is the subject of binding
arbitration:

(a) The
court may, at the request of a party to the arbitration, stay the lien
claimants action to foreclose the lien pending the outcome of the binding
arbitration. If the foreclosure on the lien involves the rights of other lien
claimants or persons whose claims are not the subject of the binding
arbitration, the court may stay the lien claimants foreclosure proceeding only
upon terms which are just and which afford the lien claimant a fair opportunity
to protect his lien rights and priorities with respect to other lien claimants
and persons.

(b) Upon
the granting of an award by the arbitrator, any party to the arbitration may seek
an order from the court in the action to foreclose on the lien confirming or
adopting the award and determining the lienable amount of the lien claimants
lien in accordance with the order, if any. Upon determining the lienable
amount, the court shall enter a judgment or decree for the lienable amount, plus all amounts that may be
awarded by the court to the lien claimant pursuant to NRS 108.237, and the
court may include as part of the lien all costs and attorneys fees awarded to
the lien claimant by the arbitrator and all costs and attorneys fees incurred
by the lien claimant pertaining to any application or motion to confirm, adopt,
modify or correct the award of the arbitrator.

decree for the
lienable amount, plus all amounts that may be awarded by the court to the lien
claimant pursuant to NRS 108.237, and the court may include as part of the lien
all costs and attorneys fees awarded to the lien claimant by the arbitrator
and all costs and attorneys fees incurred by the lien claimant pertaining to
any application or motion to confirm, adopt, modify or correct the award of the
arbitrator. A judgment or decree entered by the court pursuant to this
subsection may be enforced against the property as provided in subsections 10,
11 and 12.

10. On
ascertaining the whole amount of the liens with which the [premises are]property is justly
chargeable, as provided in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this
act, the court shall cause the [premises]property to be sold
in satisfaction of [the]all liens and the costs[, including costs of
suit,]of
sale, including all amounts awarded to all lien claimants pursuant to NRS
108.237, and any party in whose favor judgment may be rendered
may cause the [premises]property to be sold within the time and in the
manner provided for sales on execution, issued out of any district court, for
the sale of real property.

[7.] 11. If the proceeds of sale, after [the]
payment of the costs[,]of sale, are not
sufficient to satisfy [the whole amount of the]all liens to be included in the
decree of sale, including all
amounts awarded to all lien claimants pursuant to NRS 108.237,
the proceeds must be apportioned according to the right of the [several
parties.]various
lien claimants. If the proceeds of the sale amount to more than
the sum of [the]all liens and the cost of sale, the remainder
must be paid over to the owner of the property.

[8.] 12. Each party whose claim is not satisfied
in the manner provided in this section is entitled to personal judgment for the
residue against the party legally liable for it if that person has been
personally summoned or has appeared in the action.

Sec. 44. NRS 108.2413 is hereby amended to
read as follows:

108.2413 A [mechanics lien of record
upon real property]lien claimants lien rights or notice of lien may
be released upon the posting of a surety bond in the manner provided in NRS
108.2415 to 108.2425, inclusive.

Sec. 45. NRS 108.2415 is hereby amended to
read as follows:

108.2415 [The debtor of the lien
claimant or a party in interest in the premises subject to the lien must obtain
a surety bond executed by the debtor of the lien claimant or a party in
interest in the premises subject to the lien, as principal, and executed by a
corporation authorized to transact surety business in this state, as surety, in
substantially]

1. To
obtain the release of a notice of lien, a principal and a surety must execute a
surety bond which must be in the following form:

(Assessors
Parcel Numbers)

(Title of court and
cause, if action has been commenced)

WHEREAS, ................................ (name of [owner,
contractor, or other person disputing lien)]principal), located at
........................................................ (address of
principal), desires to give a bond for releasing the following
described [real] property owned by ......................................... (name of
owners) from that certain [claim of mechanics]notice of lien in
the sum of $................ recorded ..... (month) ..... (day) .....

(day) ..... (year) in the office of the recorder in
................................ (name of county where the [real]
property is [situated):] located):

(Legal Description)

NOW, THEREFORE, the undersigned principal and surety do
hereby obligate themselves to the lien
claimant named in the [mechanics]notice of lien,
................................, (name of lien claimant) under the conditions prescribed
by NRS 108.2413 to 108.2425, inclusive, in the sum of $................ (1 1/2
x [claim),]lienable amount), from which sum they will pay
the lien claimant [such]that amount as a
court of competent jurisdiction may adjudge to have been secured by his lien, [with
interest, costs and attorneys fees.] including the total amount awarded pursuant to NRS 108.237.

IN TESTIMONY WHEREOF, the principal and surety have executed
this bond at ................................, Nevada, on the ....... day of
the month of ....... of the year .......

...... .....................

(Signature of
Principal)

(Surety Corporation)

By........ ....................

(Its Attorney in Fact)

State of Nevada................................. }

}ss.

County of............................................ }

On ..... (month) ..... (day) ..... (year) before me,
the undersigned, a notary public of this county and state, personally appeared
................................. who acknowledged that he executed the
foregoing instrument as principal for the purposes therein mentioned and also
personally appeared ................................ known (or satisfactorily
proved) to me to be the attorney in fact of the [corporation]surety that executed
the foregoing instrument, known to me to be the person who executed that
instrument on behalf of the [corporation]surety therein named, and he acknowledged to
me that [that corporation]the surety executed the foregoing instrument.

..................................................

(Notary Public in and
for

the County and State)

2. The
principal must record the surety bond in the office of the county recorder in
which the notice of lien was recorded, either before or after the commencement
of an action to enforce the lien. A certified copy of the recorded surety bond
shall be deemed an original for purposes of this section.

3. Upon
the recording of the surety bond, the principal must serve a file-stamped copy
of the recorded surety bond in the following manner:

(a) If an
action is pending to enforce the notice of lien, service must be made by
certified or registered mail, return receipt requested, upon the lien claimant at the address set forth in the lien and the lien
claimants counsel of record at his place of business; or

claimant at the
address set forth in the lien and the lien claimants counsel of record at his
place of business; or

(b) If no
action is pending to enforce the notice of lien, personal service must be made
upon the lien claimant pursuant to Rule 4 of the Nevada Rules of Civil
Procedure.

4. Failure
to serve the surety bond as provided in subsection 3 does not affect the
validity of the surety bond, but the statute of limitations on any action on
the surety bond, including a motion excepting to the sufficiency of the surety
pursuant to NRS 108.2425, is tolled until notice is given.

5. Subject
to the provisions of NRS 108.2425, the recording and service of the surety bond
pursuant to this section releases the property described in the surety bond
from the lien and the surety bond shall be deemed to replace the property as
security for the lien.

Sec. 46. NRS 108.2421 is hereby amended to
read as follows:

108.2421 1. The lien claimant is entitled to [bring]:

(a) Bring an
action against [the lien claimants debtor and to join therein]; or

(b) If an
action has been commenced, join in the pending action against,

the principal
and surety on the surety
bond[.
A judgment for the claimant on the bond may not be made against the property.
The rights of the lien claimant include and the court may award to him in that
action:

(a) The
amount found due to the lien claimant by the court;

(b) The
cost of preparing and filing the lien claim, including attorneys fees, if any;

(c) The
costs of the proceedings;

(d) Attorneys
fees for representation of the lien claimant in the proceedings; and

(e) Interest
at a rate established pursuant to NRS 99.040 from the date found by the court
that the sum was due.

2. Proceedings
pursuant to subsection 1 are entitled to priority of hearing second only to
criminal hearings. The plaintiff]and the lien claimants debtor.

2. At any
time after the filing of a joint case conference report pursuant to Rule 16.1
of the Nevada Rules of Civil Procedure or, if the case is designated by the
court as complex litigation, after the approval of the initial case management
order by the court, each lien claimant in the action may serve
upon the adverse party a demand for [30-day setting, in the
proper form,]preferential
trial setting and file the demand with the clerk of the court.
Upon filing, the clerk of the court shall, before the Friday after the demand
is filed, vacate a case or cases in a department of the court and set the lien
claimants case for hearing, on a day or days certain, to be heard within [30]60 days after the
filing of the demand for [30-day]preferential trial setting. Only one such
preferential trial setting
need be given by the court, unless the hearing date is vacated without
stipulation of counsel for the [plaintiff]lien claimant in writing. If the hearing date
is vacated without that stipulation, upon service and filing, a new
preferential trial setting
must be given.

3. A lien
claimant shall, at the time of making his demand for a preferential trial
setting, and each other party to the preferential trial shall, within 20 days
after the lien claimants service of the demand, serve upon all parties to the preferential trial the following documents
and information:

all parties to
the preferential trial the following documents and information:

(a) A copy
of all documents that the party intends to rely upon at the time of the trial;

(b) A list
of witnesses whom the party intends to call at the time of the trial, which
must include for each witness:

(1)
The name of the witness;

(2)
The company for whom the witness works and title of the witness; and

(3)
A brief summary of the expected testimony of the witness;

(c) Any
supplemental discovery responses as required by the Nevada Rules of Civil
Procedure;

(d) The
identity of each person whom the party expects to call as an expert witness at
the trial, together with a statement of the substance of the facts and opinions
to which the expert witness is expected to testify and a summary of the grounds
for each opinion;

(e) Any
expert reports not previously disclosed; and

(f) A
detailed summary of all claims, offsets and defenses that the party intends to
rely upon at the trial.

4. Within
20 days after receipt of an opposing partys identification of an expert
witness, a party who desires to call a rebuttal expert witness at the trial
must identify each person whom the party expects to call as a rebuttal expert
witness, and must provide a statement of the substance of the facts and
opinions to which the rebuttal expert witness is expected to testify and a
summary of the grounds for each opinion.

5. A
prevailing lien claimant on a claim against a surety bond must be awarded the
lienable amount plus the total amount that may be awarded by the court pursuant
to NRS 108.237. Such a judgment is immediately enforceable and may be appealed
regardless of whether any other claims asserted or consolidated actions or
suits have been resolved by a final judgment.

Sec. 47. NRS 108.2423 is hereby amended to
read as follows:

108.2423 1. By entering into a surety bond given pursuant to NRS 108.2415,
the principal and surety
[submits himself]submit themselves to the jurisdiction of the
court in which [the bond is filed in the proceeding or release of the lien,]an action or suit is pending on a
notice of lien on the property described in the surety bond, and
the principal and surety
irrevocably [appoints]appoint the clerk of that court as [its]their agent upon
whom any papers affecting [its]the liability on the surety bond may be served. [Its]The liability of the principal may be established by
the court in the pending action. The liability of the surety may
be enforced on motion without necessity of an independent action. The motion
and such notice of motion as the court prescribes may be served on the clerk of
the court, who shall forthwith mail copies to the principal and surety if [his address is]their addresses are known.

2. The motion described in subsection 1 must not be
instituted until [the lapse of] 30 days [following]after:

(a) If a
notice of appeal from the judgment is not filed, the giving of
notice of entry of judgment in the action against the lien claimants debtor [, if no notice of appeal
from the judgment is filed, nor may the motion be instituted until the lapse of
30 days following]or the giving of notice of entry of judgment in an action against the principal or the
lien claimants debtor, as the case may be; or

entry of
judgment in an action against the principal or the lien claimants debtor, as
the case may be; or

(b) If an
appeal has been taken from the judgment, the filing of the
remittitur from the Supreme Court
. [, if an appeal has been taken from the judgment.]

Sec. 48. NRS 108.2425 is hereby amended to
read as follows:

108.2425 1. The lien claimant may, within [2]15 days after the
service of a copy of the [petition and a copy of the bond attached thereto,]surety bond pursuant to subsection
3 of NRS 108.2415, file a motion with the clerk of the court in [the
action a notice]a pending action, or if no action has been commenced, file a
petition with the court, excepting to the sufficiency of the
surety [on]or the surety bond, and shall, at the same time and
together with that [notice,]motion or petition, file an affidavit setting
forth the grounds and basis of the exceptions to the surety[,]or the surety bond, and
shall serve a copy of the [notice]motion or petition and a copy of the affidavit
upon the [attorney or the petitioner on the same date as]principal at the address set forth
in the surety bond within 5 business days after the date of
filing. A hearing must be had upon the justification of the surety [at
the same time as that set for the hearing on the petition for the order to
release the lien.

2. If the
lien claimant fails to file and serve the notice and affidavit within 2 days
after the service of the petition for release of the lien, he shall be deemed
to have waived all objection to the justification and sufficiency of the
surety.] or
the surety bond not less than 10 days and not more than 20 days after the
filing of the motion or petition. If the court determines that the surety or
surety bond is insufficient, the lien claimants lien will remain against the
property or the court may allow the substitution of a sufficient surety and
surety bond.

2. If, at any
time after the recording of a surety bond pursuant to NRS 108.2415, the surety
becomes unauthorized to transact surety business in this state pursuant to NRS
679A.030 or is dropped from the United States Department of the Treasurys
Listing of Approved Sureties or there exists any other good cause, a lien
claimant or other person having an interest in the surety bond may apply to the
district court in a pending action, or commence an action if none is pending,
for an order to require additional security or to change, substitute or add
securities, or to enforce or change any other matter affecting the security
provided by the surety bond.

3. If a court
finds that the amount of a surety bond recorded pursuant to NRS 108.2415 is
insufficient to pay the total amount that may be awarded by the court pursuant
to NRS 108.237, the court shall increase the amount of the surety bond to 1.5
times the total amount that may be awarded. Any surety that records or consents
to the recording of a surety bond pursuant to NRS 108.2415 will:

(a) Remain
fully liable on the surety bond regardless of the payment or nonpayment of any
surety bond premium; and

(b) Be liable
for any increase in the amount of the surety bond as ordered by the court
pursuant to this subsection.

Sec. 49. NRS 108.243 is hereby amended to
read as follows:

108.243 1. Any notice of lien may be assigned in the same
manner as any other chose in action after it has been perfected by recording.

2. [No]An assignment of a lien [prior to recording shall]before recording will not be
effective until written notice of the assignment has been
given to the owner by the assignee.

been given to the owner by the assignee. [Any such notice shall]The notice will be
sufficient if delivered in person or mailed by certified mail to the [person
named as owner in the building permit.]owner. After such notice
the assignee may perfect the lien in his own name.

3. [Two]One or more lien claimants of [the
same]any class
may assign their notices of lien
[claims] by written assignment, signed by
each assignor, to any other person or lien claimant of [the same]any class, and the
assignee may commence and prosecute the action upon all of the notices of lien [claims]
in his own name[.] or in the name of the original lien
claimant.

4. In the event that a claim for which a lien may be
filed is assigned before it is perfected, such assignment [shall]does not discharge
or defeat the right to perfect [such]the lien, if [such claim]the lien is
reassigned to the lien claimant, and thereafter [such lien claim]the lien is timely
perfected.

Sec. 50. NRS 108.2433 is hereby amended to
read as follows:

108.2433 1. Except as otherwise provided in
subsection 2, a notice of lien
[of record upon real]upon the property provided
for in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act may
be discharged by an entry on the margin of the record thereof, signed by the [lienor]lien claimant or his
personal representative or assignee in the presence of the recorder or his
deputy, acknowledging the satisfaction of or value received for the notice of lien and the
debt secured thereby. The recorder or his deputy shall subscribe the entry as
witness. The entry has the same effect as a discharge or release of the notice of lien
acknowledged and recorded as provided by law. The recorder shall properly index
each marginal discharge.

2. If the notice
of lien has been recorded by a microfilm or other photographic
process, a marginal release may not be used and an acknowledged discharge or
release of the notice of lien
must be recorded.

3. If the recorder or his deputy is presented with a
certificate executed by the [lienor]lien claimant or his personal representative
or assignee, specifying that the notice
of lien has been paid or otherwise satisfied or discharged, the
recorder or his deputy shall discharge the notice of lien upon the record.

Sec. 51. NRS 108.2437 is hereby amended to
read as follows:

108.2437 1. As soon as practicable, but not later
than 10 days after a notice of lien
[of record upon real]upon the property pursuant
to NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act is
fully satisfied or
discharged, the [lienor]lien claimant shall cause to be recorded a
discharge or release of the notice
of lien in substantially the following form:

Assessors
Parcel Numbers

DISCHARGE OR RELEASE
OF NOTICE OF LIEN

NOTICE IS HEREBY GIVEN THAT:

The undersigned did, on the ....... day of the
month of ....... of the year ......., record in Book ............, as Document
No. ............, in the office of the county recorder of ............. County,
Nevada, its Notice of Lien, or has otherwise given notice of his intention to
hold [and claim] a lien upon the following
described property[,]or improvements, owned
or purportedly owned by ...............,

owned by ..............., [situated]located in the
County of ............, State of Nevada, to wit:

(Legal Description or
Address of the Property[)] or Improvements)

NOW, THEREFORE, for valuable consideration the
undersigned does release, satisfy and discharge [the claim or]his notice of lien
on the property or improvements described
above by reason of [such]this Notice of Lien . [, or by reason of the
work and labor on, or materials furnished for, that property.]

2. If the [lienor]lien claimant fails
to comply with the provisions of subsection 1, he is liable in a civil action
to the owner of the [real] property, his heirs or assigns for
any actual damages caused by his failure to comply with those provisions or
$100, whichever is greater, and for a reasonable attorneys fee and the costs
of bringing the action.

Sec. 52. NRS 108.244 is hereby amended to
read as follows:

108.244 A lien claimant or assignee of a lien claimant
or claimants may not file a complaint for foreclosure of his [mechanics]notice of lien or
the assigned [mechanics]notice of lien or [mechanics liens]notices of lien until
30 days have expired immediately following the filing of his [mechanics]notice of lien or
following the filing of the assigned [mechanics]notice of lien or
the last of the assigned [mechanics liens.]notices of lien. This provision [shall]does not apply to [nor]or prohibit the
filing of any statement of fact
constituting a lien or statements of fact constituting a lien [in an already filed]:

1. In an action
already filed for
foreclosure of [mechanics lien and]a notice of lien; or

2. In
order to comply with the provisions of NRS 108.239.

Sec. 53. NRS 108.245 is hereby amended to
read as follows:

108.245 1. Except as otherwise provided in subsection
5, every [person, firm, partnership, corporation or other legal entity,]lien claimant, other
than one who performs only labor, who claims the benefit of NRS 108.221 to
108.246, inclusive, and sections 2
to 26, inclusive, of this act shall, [within 31 days]at any time after
the first delivery of material or performance of work or services under his
contract, deliver in person or by certified mail to the owner [or
reputed owner of the property or to the person whose name appears as owner on
the building permit, if any, for the improvement]of the property a preliminary notice of right to lien in
substantially the following form:

Notice [to
Owner of Materials Supplied

or Work or Services Performed] of Right to
Lien

To: ........................................................

(Owners name and address)

The undersigned notifies you that he has supplied
materials or equipment or performed
work or services as follows:

for improvement of [real]
property identified as (property description or street address) under contract
with (general contractor or subcontractor). This is not a notice that the
undersigned has not been or does not expect to be paid, but a notice required
by law that the undersigned may, at a future date, [claim]record a notice of lien as provided
by law against the property if the undersigned is not paid.

.........................................................

(Claimant)

A subcontractor or [materialman under a
subcontract]equipment
or material supplier who gives such a notice must also deliver in
person or send by certified mail a copy of the notice to the [general]prime contractor for
information only. The failure by a subcontractor to deliver [such
notices]the
notice to the [general]prime contractor is a ground for disciplinary
proceedings against the subcontractor under chapter 624 of NRS[.] but does not invalidate the notice to
the owner.

2. Such a notice does not constitute a lien or give
actual or constructive notice of a lien for any purpose.

3. No lien for materials or equipment furnished or for work or services
performed, except labor, may be perfected or enforced pursuant to NRS 108.221
to 108.246, inclusive, and
sections 2 to 26, inclusive, of this act unless the notice has
been given.

4. The notice need not be verified, sworn to or
acknowledged.

5. A [general]prime contractor or other person who contracts
directly with an owner or sells materials directly to an owner is not required
to give notice pursuant to this section.

6. [As used in this section, owner does not include any person,
firm or corporation whose only interest in the real property is under a
mortgage, deed of trust or other security arrangement.] A lien claimant who is required by this
section to give a notice of right to lien to an owner and who gives such a
notice has a right to lien for materials or equipment furnished or for work or
services performed in the 31 days before the date the notice of right to lien
is given and for the materials or equipment furnished or for work or services
performed anytime thereafter until the completion of the work of improvement.

Sec. 54. NRS 108.246 is hereby amended to
read as follows:

108.246 1. Each [general]prime contractor
shall, before execution of a contract for construction, inform the [record]
owner with whom he intends to contract of the provisions of NRS 108.245 in
substantially the following form:

To: ........................................................

(Owners name and address)

[Section 108.245 of Nevada Revised Statutes,]The provisions of NRS 108.245, a
part of the mechanics and
materialmens lien law of the State of Nevada, [requires,]require, for your
information and protection from hidden liens, that each person or other legal
entity [which]who supplies materials to or performs work [or
services] on a construction project, other than one who performs only labor, [shall] deliver to the owner a notice of
the materials and equipment supplied or the work [or services] performed.

performs only labor, [shall]
deliver to the owner a notice of the materials and equipment supplied or the work [or
services] performed. You may receive [such]these notices in
connection with the construction project which you propose to undertake.

2. Each [general]prime contractor shall
deliver a copy of the information required by subsection 1 to each
subcontractor who participates in the construction project.

3. The failure of a [general contractor so]prime contractor to
inform pursuant to this section owners
and subcontractors with whom he contracts is a ground for disciplinary
proceedings under chapter 624 of NRS.

[4. Each subcontractor who participates in the construction
project shall deliver a copy of each notice required by NRS 108.226 to the
general contractor. The failure of the subcontractor to deliver such notice to
the general contractor is a ground for disciplinary proceedings under chapter
624 of NRS.]

Sec. 55. NRS 116.4111 is hereby amended to
read as follows:

116.4111 1. In the case of a sale of a unit where
delivery of a public offering statement is required pursuant to subsection 3 of
NRS 116.4102, a seller:

(a) Before conveying a unit, shall record or furnish to
the purchaser releases of all liens, except liens on real estate that a
declarant has the right to withdraw from the common-interest community, that
the purchaser does not expressly agree to take subject to or assume and that
encumber:

(1) In a condominium, that unit and its interest
in the common elements; and

(2) In a cooperative or planned community, that
unit and any limited common elements assigned thereto; or

(b) Shall provide a surety bond against the lien as
provided for liens on real estate in NRS 108.2413 to [108.2419,]108.2425, inclusive.

2. Before conveying real estate to the association,
the declarant shall have that real estate released from:

(a) All liens the foreclosure of which would deprive
units owners of any right of access to or easement of support of their units;
and

(b) All other liens on that real estate unless the
public offering statement describes certain real estate that may be conveyed
subject to liens in specified amounts.

Sec. 56. NRS 624.3016 is hereby amended to
read as follows:

624.3016 The following acts or omissions, among
others, constitute cause for disciplinary action under NRS 624.300:

1. Any fraudulent or deceitful act committed in the
capacity of a contractor.

2. A conviction of a violation of NRS 624.730 or a
felony or a crime involving moral turpitude.

3. Knowingly making a false statement in or relating
to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

4. Failure to give a notice required by NRS 108.227, 108.245 or
108.246.

5. Failure to comply with NRS 597.713, 597.716 or
597.719 or any regulations of the Board governing contracts for the
construction of residential pools and spas.

7. Misrepresentation or the omission of a material
fact, or the commission of any other fraudulent or deceitful act, to obtain a
license.

8. Failure to pay an assessment required pursuant to
NRS 624.470.

Sec. 57. NRS 624.620 is hereby amended to
read as follows:

624.620 1. Except as otherwise provided in this
section, any money remaining unpaid for the construction of a work of
improvement is payable to the contractor within 30 days after:

(a) Occupancy or use of the work of improvement by the
owner or by a person acting with the authority of the owner; or

(b) The availability of a work of improvement for its
intended use. The contractor must have given a written notice of availability
to the owner on or before the day on which he claims that the work of
improvement became available for use or occupancy.

2. If the owner has complied with subsection 3, the
owner may:

(a) Withhold payment for the amount of:

(1) Any work or labor that has not been
performed or materials or equipment that has not been furnished for which
payment is sought;

(2) The costs and expenses reasonably necessary
to correct or repair any work that is not materially in compliance with the
contract to the extent that such costs and expenses exceed 50 percent of the
amount of retention being withheld pursuant to the terms of the contract; and

(3) Money the owner has paid or is required to
pay pursuant to an official notice from a state agency, or employee benefit
trust fund, for which the owner is liable for the contractor or his
subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or
617 of NRS.

(b) Require, as a condition precedent to the payment of
any unpaid amount under the construction contract, that lien releases be
furnished by the contractors subcontractors, suppliers or employees. For
purposes of this paragraph:

(1) If the amount due is paid with a check or is
not paid concurrently with the owners receipt of the lien releases, the lien
releases must be conditioned upon the check clearing the bank upon which it is
drawn and the receipt of payment and shall be deemed to become unconditional
upon the receipt of payment; and

(2) The lien releases must be limited to the
amount of the payment received.

3. If, pursuant to paragraph (a) of subsection 2, an
owner intends to withhold any amount from a payment to be made to a contractor,
the owner must, on or before the date the payment is due, give written notice
to the contractor of any amount that will be withheld. The written notice must:

(a) Identify the amount that will be withheld from the
contractor;

(b) Give a reasonably detailed explanation of the
reason the owner will withhold that amount, including, without limitation, a
specific reference to the provision or section of the contract, and any
documents relating thereto, and the applicable building code, law or regulation
with which the contractor has failed to comply; and

(c) Be signed by an authorized agent of the owner.

4. A contractor who receives a notice pursuant to
subsection 3 may provide written notice to the owner of the correction of a
condition described in the notice received pursuant to subsection 3. The notice
of correction must be sufficient to identify the scope and manner of the
correction of the condition and be signed by an authorized representative of
the contractor. If an owner receives a written notice
from the contractor of the correction of a condition described in an owners
notice of withholding pursuant to subsection 3, the owner must, within 10 days
after receipt of such notice:

an owner receives a written notice from the contractor of the
correction of a condition described in an owners notice of withholding
pursuant to subsection 3, the owner must, within 10 days after receipt of such
notice:

(a) Pay the amount withheld by the owner for that
condition; or

(b) Object to the scope and manner of the correction of
the condition in a written statement that sets forth the reason for the
objection and complies with subsection 3. If the owner objects to the scope and
manner of the correction of a condition, he shall nevertheless pay to the
contractor, along with payment made pursuant to the contractors next payment
request, the amount withheld for the correction of conditions to which the
owner no longer objects.

5. The partial occupancy or availability of a building
requires payment in direct proportion to the value of the part of the building
which is partially occupied or partially available. For projects which involve
more than one building, each building must be considered separately in
determining the amount of money which is payable to the contractor.

6. Unless otherwise provided in the construction
contract, any money which is payable to a contractor pursuant to this section
accrues interest at a rate equal to the lowest daily prime rate at the largest
bank in this state, as determined by the Commissioner of Financial Institutions
on January 1 or July 1, as the case may be, immediately preceding:

(a) The time the contract was signed; or

(b) If the contract was oral, the time the terms of the
contract were agreed to by the parties,

plus 2 percent.

7. This section does not apply to:

(a) Any residential building; or

(b) Public works.

8. As used in this section, unless the context otherwise
requires, work of improvement has the meaning ascribed to it in [NRS
108.221.]
section 24 of this act.

Sec. 59. Sections 25 and 26 of this act apply only
to agreements entered into on or after October 1, 2003.

________

κ2003
Statutes of Nevada, Page 2621κ

CHAPTER 428, SB 415

Senate Bill No. 415Committee on Finance

CHAPTER 428

AN ACT relating to
taxes on estates; removing certain restrictions on the use of money in the
Estate Tax Account in the Endowment Fund of the University and Community
College System of Nevada; requiring the Board of Regents of the University of
Nevada to make certain transfers of money from the Account to the State General
Fund; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 375A.705 is hereby amended to
read as follows:

375A.705 1. All money received by the Board of
Regents of the University of Nevada pursuant to paragraph (b) of subsection 1
of NRS 375A.700 must be accounted for separately in the Endowment Fund of the University
and Community College System of Nevada.

2. The money in the Estate Tax Account must be
invested pursuant to the same investment policies as the other money in the
Endowment Fund is invested. All interest and income earned on the money in the
Account must be credited to the Account.

3. [The money in the Estate Tax Account must only be expended as
follows:

(a)]
The Board of Regents of the University of Nevada may [spend $2,500,000 of the
money in the Account each year.

(b) Until
the principal in the Account is sufficient to yield income of $2,500,000 per
year, all revenue deposited in the Account in excess of the $2,500,000
allocated pursuant to paragraph (a) must remain in the Account.

(c) In
addition to the amount allowed pursuant to paragraph (a), the Board of Regents
of the University of Nevada may spend any money in the Account which is not
part of the principal necessary to yield income of $2,500,000 per year.

(d) Any
money expended pursuant to the provisions of paragraph (a) or (c) must be
approved],
upon approval by the Legislature when in regular session or by
the Interim Finance Committee when the Legislature is not in regular session[.] , expend any money in the Estate Tax
Account.

Sec. 2. 1. The
Board shall, on a monthly basis, transfer money from the Account to the State
General Fund in an amount up to the level of expenditures approved in the final
budget of the System for the applicable fiscal year. Except as otherwise
provided in this subsection and subsection 2, the amount of money transferred
each month must be:

(a) For Fiscal Year
2003-2004, $3,819,713, until the total amount of money transferred for all 12
months in the fiscal year is $45,836,551.

(b) For Fiscal Year
2004-2005, $3,616,525, until the total amount of money transferred for all 12
months in the fiscal year is $43,398,297.

A monthly transfer described in
this section must not be made to the extent that making the transfer would
result in a negative balance in the Account.

2. If the amount of money
in the Account is not, for a given month, sufficient to allow the full amount
of the transfer scheduled for that month, as described in subsection 1, any
money that subsequently becomes available in the Account must first be applied
to complete the full amount of the transfer scheduled for that month, as
described in subsection 1.

3. If, at the end of
Fiscal Year 2004-2005, the total amount transferred from the Account to the
State General Fund pursuant to this section has not reached the total amount of
$89,234,848 that is scheduled to be transferred pursuant to subsection 1 during
both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 combined, the Board shall
continue to make transfers from the Account to the State General Fund in
subsequent fiscal years until the total amount transferred equals $89,234,848,
subject to the continued availability of estate tax revenues.

4. As used in this
section:

(a) Account means the
Estate Tax Account in the Endowment Fund of the University and Community
College System of Nevada.

(b) Board means the Board
of Regents of the University of Nevada.

(c) System means the University and Community College
System of Nevada.

Sec. 3. This act becomes effective upon passage and
approval.

________

CHAPTER 429, SB 164

Senate Bill No. 164Committee on Human Resources and
Facilities

CHAPTER 429

AN ACT relating to
persons with disabilities; creating the Office of Disability Services within
the Department of Human Resources; requiring the Office to serve as the agency
of State Government for persons to obtain information concerning any service or
program available to persons with disabilities in this state; requiring the
Office to coordinate services and programs available to persons with
disabilities among state and local governmental agencies; requiring the Office
to administer certain programs available in this state for persons with disabilities;
making various changes concerning the program to provide devices for
telecommunication to persons with impaired speech or hearing; and providing
other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS
422.396 is hereby amended to read as follows:

422.3961. The Department, through a division
of the Department designated by the Director, shall establish and administer a
program to provide community-based services necessary to enable a person with a
physical disability to remain in his home or with his family and avoid
placement in a facility for long-term care. The Department shall [contract
with the Department of Employment, Training and Rehabilitation to]coordinate the provision of community-based services
pursuant to this section.

coordinate the provision of community-based services pursuant
to this section.

2. The Department shall apply to the Secretary of
Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c)
that authorizes the Department to amend the State Plan for Medicaid adopted by
the Department pursuant to NRS 422.271 in order to authorize the Department to
include as medical assistance under the State Plan the following services for
persons with physical disabilities:

(a) Respite care;

(b) Habilitation;

(c) Residential habilitation;

(d) Environmental modifications;

(e) Supported living;

(f) Supported living habilitation;

(g) Supported personal care; and

(h) Any other community-based services approved by the
Secretary of Health and Human Services.

The Department shall cooperate with the Federal Government in
obtaining a waiver pursuant to this subsection.

3. The
Department may use personnel of the Department or it may contract with any
appropriate public or private agency, organization or institution to provide
the community-based services necessary to enable a person with a physical
disability to remain in his home or with his family and avoid placement in a
facility for long-term care.

4. A
contract entered into with a public or private agency, organization or
institution pursuant to subsection 3 must:

(a) Include
a description of the type of service to be provided;

(b) Specify
the price to be paid for each service and the method of payment; and

(c) Specify
the criteria to be used to evaluate the provision of the service.

5. The
Department shall [, in consultation with Department of Employment, Training and
Rehabilitation,] adopt regulations necessary to carry out
the provisions of this section, including, without limitation, the criteria to be
used in determining eligibility for the services provided pursuant to the
program. Before adopting regulations pursuant to this section, the Department
shall solicit comments from persons with a variety of disabilities and members
of the families of those persons.

Sec. 1.5. Chapter 426 of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 11, inclusive, of this
act.

Sec. 2. As
used in sections 2 to 11, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 and 4 of this act have the
meanings ascribed to them in those sections.

Sec. 3. Department
means the Department of Human Resources.

Sec. 4. Office
means the Office of Disability Services created pursuant to section 5 of this
act.

Sec. 5. The
Office of Disability Services is hereby created within the Department. The
Office shall:

1. Provide
access to information about services or programs for persons with disabilities
that are available in this state.

2. Work with
persons with disabilities, persons interested in matters relating to persons
with disabilities and state and local governmental agencies in:

(a) Developing
and improving policies of this state concerning programs or services for
persons with disabilities, including, without limitation, policies concerning
the manner in which complaints relating to services provided pursuant to
specific programs should be addressed; and

(b) Making
recommendations concerning new policies or services that may benefit persons
with disabilities.

3. Serve as a
liaison between state governmental agencies that provide services or programs
to persons with disabilities to facilitate communication and the coordination
of information and any other matters relating to services or programs for
persons with disabilities.

4. Serve as a
liaison between local governmental agencies in this state that provide services
or programs to persons with disabilities to facilitate communication and the
coordination of information and any other matters relating to services or
programs for persons with disabilities. To inform local governmental agencies in
this state of services and programs of other local governmental agencies in
this state for persons with disabilities pursuant to this subsection, the
Office shall:

(a) Provide
technical assistance to local governmental agencies, including, without limitation,
assistance in establishing an electronic network that connects the Office to
each of the local governmental agencies that provides services or programs to
persons with disabilities;

(b) Work with
counties and other local governmental entities in this state that do not
provide services or programs to persons with disabilities to establish such
services or programs; and

(c) Assist
local governmental agencies in this state to locate sources of funding from the
Federal Government and other private and public sources to establish or enhance
services or programs for persons with disabilities.

5. Administer
the following programs in this state that provide services for persons with
disabilities:

(a) The program
established pursuant to sections 7, 8 and 9 of this act to provide financial
assistance to persons with physical disabilities;

(b) The
programs established pursuant to chapter 426A of NRS to obtain information
concerning traumatic brain injuries and provide services to persons with
traumatic brain injuries;

(c) The program
established pursuant to section 11 of this act to provide devices for
telecommunication to deaf persons and persons with impaired speech or hearing;

(d) Any state
program for persons with developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
§§ 15001 et seq.;

(e) Any state
program for independent living established pursuant to 29 U.S.C. §§ 796 et
seq.; and

(f) Any state
program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C.
§§ 3001 et seq.

6. Provide
information to persons with disabilities on matters relating to the
availability of housing for persons with disabilities and identify sources of
funding for new housing opportunities for persons with disabilities.

7. Ensure that
state and local governmental agencies comply with the provisions of the
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

8. Before
establishing policies or making decisions that will affect the lives of persons
with disabilities, consult with persons with disabilities and members of the
public in this state through the use of surveys, focus groups, hearings or
councils of persons with disabilities to receive:

(a) Meaningful
input from persons with disabilities regarding the extent to which such persons
are receiving services, including, without limitation, services described in
their individual service plans, and their satisfaction with those services; and

(b) Public
input regarding the development, implementation and review of any programs or
services for persons with disabilities.

9. Publish a
biennial report which:

(a) Reviews the
current and projected capacity of:

(1) Services
available to persons with disabilities pursuant to the State Plan for Medicaid;

(2) Waivers
to the State Plan for Medicaid for the provision of home and community-based
services in this state;

(3) Services
available to persons with disabilities from counties and other local
governmental entities in this state; and

(4) Any
other services available to persons with disabilities from any governmental or
nonprofit agency;

(b) Identifies
the costs of existing and new services in the community for persons with
disabilities;

(c) Provides a
strategy for the expanding or restructuring of services in the community for
persons with disabilities that is consistent with the need for such expansion
or restructuring;

(d) Recommends
plans to provide services or programs for persons with disabilities by using
the data from any waiting lists of persons seeking such services or programs;

(e) Reports the
outcomes of persons with disabilities who have received services for persons
with disabilities in this state; and

(f) Reports the
progress of the Office in carrying out the strategic planning goals for persons
with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001.

10. Provide on
or before January 15 of each year a report to the Governor and on or before
January 15 of each odd-numbered year a report to the Legislature, including,
without limitation:

(a) A summary
of the activities of the Office for the preceding fiscal year or 2 preceding
fiscal years, if the report is provided to the Legislature;

(b) Documentation
of significant problems affecting persons with disabilities when accessing
public services, if the Office is aware of any such problems;

(c) A summary
and analysis of the trends in the systems of care and services available for
persons with disabilities; and

(d) Recommendations
for improving the ability of the State of Nevada to provide services to persons
with disabilities and advocate for the rights of persons with disabilities.

Sec. 6. The
Department may adopt any regulations to carry out the provisions of sections 1
to 11, inclusive, of this act.

Sec. 6.5. 1. The Advisory Committee on Deaf and
Hard of Hearing Persons is hereby created in the Office. The Advisory Committee
consists of 11 people appointed by the Director of the Department. The Director
shall appoint to the Advisory Committee:

(a) One member who is employed by the Department and
who participates in the administration of the program of this state which
provides services to persons with disabilities which affect their ability to communicate;

(b) One person who is a member of the Nevada
Association of the Deaf;

(c) One member who is hard of hearing;

(d) One representative of educators of persons who are
deaf and hard of hearing;

(e) One member who is professionally qualified in the
field of deafness;

(f) One member whose speech is impaired;

(g) The Executive Director of the Nevada
Telecommunications Association;

(h) Two representatives of the deaf and hard of
hearing centers operated by this state, who are ex officio members; and

(i) Two representatives of the program to purchase,
maintain, repair and distribute devices for telecommunication developed and
administered pursuant to section 11 of this act, who are ex officio members.

2. After the initial term, the term of each member is
3 years. A member may be reappointed.

3. If a vacancy occurs during the term of a member,
the Director of the Department shall appoint a person similarly qualified to
replace that member for the remainder of the unexpired term.

4. The Advisory Committee shall:

(a) At its first meeting and annually thereafter,
elect a chairman from among its voting members; and

(b) Meet at the call of the Director of the
Department, the Chairman or a majority of its members as is necessary to carry
out its responsibilities.

5. A majority of the voting members of the Advisory
Committee constitutes a quorum for the transaction of business, and a majority
of the voting members of a quorum present at any meeting is sufficient for any
official action taken by the Advisory Committee.

6. Members of the Advisory Committee serve without
compensation, except that each member is entitled, while engaged in the
business of the Advisory Committee, to the per diem allowance and travel
expenses provided for state officers and employees generally.

7. A member of the Advisory Committee who is an
officer or employee of this state or a political subdivision of this state must
be relieved from his duties without loss of his regular compensation so that he
may prepare for and attend meetings of the Advisory Committee and perform any
work necessary to carry out the duties of the Advisory Committee in the most
timely manner practicable. A state agency or political subdivision of this
state shall not require an officer or employee who is a member of the Advisory
Committee to make up the time he is absent from work to carry out his duties as
a member of the Advisory Committee or use annual vacation or compensatory time
for the absence.

(a) Make recommendations to the Director of the
Department and the Office concerning the establishment and operation of
programs for persons with disabilities which affect their ability to
communicate;

(b) Recommend to the Director of the Department and
the Office any proposed legislation concerning persons with disabilities which
affect their ability to communicate; and

(c) Collect information concerning persons with
disabilities which affect their ability to communicate.

9. As used in this section:

(a) Person who is deaf means a person who is not
able to process information aurally and whose primary means of communication is
visual.

(b) Person who is hard of hearing means a person:

(1) Who has a hearing deficit;

(2) Who is able to process information aurally
with or without the use of a hearing aid or any other device that enhances the
ability of a person to hear; and

(3) Whose primary means of communication may be
visual.

(c) Person
whose speech is impaired means a person who has difficulty using his voice to
communicate.

Sec. 7. As used in sections 8 and 9 of this act, unless the context
otherwise requires, person with a physical disability means a person with a
physical disability that substantially limits his ability to participate and
contribute independently in the community in which he lives.

Sec.8.1. The Department shall, through the Office, establish a
program to provide financial assistance to persons with physical disabilities
for such essential personal care required pursuant to section 9 of this act as
is necessary to enable them to live in a noninstitutional or unsupervised
residential setting.

2. The
Department shall adopt regulations:

(a) Establishing
the procedures for applying for assistance for essential personal care;

(b) Prescribing
the criteria for determining the eligibility of an applicant;

(c) Prescribing
the nature and the amounts of assistance which may be provided and the
conditions imposed; and

(d) Prescribing
such other provisions as the Department considers necessary to administer the
program.

3. The
decision of the Department regarding the eligibility of an applicant is a final
decision for the purposes of judicial review.

Sec.9.The essential personal care for which the Department may
provide assistance to a person with a physical disability pursuant to section 8
of this act must include assisting the person with the physical disability in:

Sec. 11. 1. The Office shall develop and administer a program whereby:

(a) Any person
who is a customer of a telephone company which provides service through a local
exchange or a customer of a company that provides wireless phone service and
who is certified by the Office to be deaf or to have severely impaired speech
or hearing may obtain a device for telecommunication capable of serving the
needs of such persons at no charge to the customer beyond the rate for basic
service; and

(b) Any person
who is deaf or has severely impaired speech or hearing may communicate by
telephone, including, without limitation, a wireless phone, with other persons
through a dual-party relay system.

The program must be
approved by the Public Utilities Commission of Nevada.

2. A surcharge
is hereby imposed on each access line of each customer to the local exchange of
any telephone company providing such lines in this state and on each personal
wireless access line of each customer of any company that provides wireless
phone services in this state which is sufficient to cover the costs of the
program and to fund the deaf and hard of hearing centers operated by this
state. The Commission shall establish by regulation the amount to be charged.
Those companies shall collect the surcharge from their customers and transfer
the money collected to the Commission pursuant to regulations adopted by the
Commission.

3. The Account
for Services for Persons With Impaired Speech or Hearing is hereby created
within the State General Fund and must be administered by the Office. Any money
collected from the surcharge imposed pursuant to subsection 2 must be deposited
in the State Treasury for credit to the Account. The money in the Account may
be used only:

(a) For the
purchase, maintenance, repair and distribution of the devices for
telecommunication, including the distribution of devices to state agencies and
nonprofit organizations;

(b) To
establish and maintain the dual-party relay system;

(c) To
reimburse telephone companies and companies that provide wireless phone
services for the expenses incurred in collecting and transferring to the
Commission the surcharge imposed by the Commission;

(d) For the general administration of the program
developed and administered pursuant to subsection 1;

(e) To train persons in the use of the devices; and

(f) To fund the
deaf and hard of hearing centers operated by this state.

4. For the
purposes of this section:

(a) Device for
telecommunication means a device which is used to send messages through the
telephone system, including, without limitation, the wireless phone system,
which visually displays or prints messages received and which is compatible
with the system of telecommunication with which it is being used.

(b) Dual-party
relay system means a system whereby persons who have impaired speech or
hearing, and who have been furnished with devices for telecommunication, may
relay communications through third parties to persons who do not have access to
such devices.

1. Enable [the visually, aurally and
physically handicapped]persons with visual, aural or physical disabilities to
participate fully in the social and economic life of the State and to engage in
remunerative employment and to secure for them the same rights as [the
able-bodied]persons
without disabilities to the full and free use of the street,
highways, sidewalks, walkways, public buildings, public facilities and other
public places.

2. Promote these objectives by periodic public
observance in which the people of the State are reminded:

(a) Of the significance of the white cane and the blaze
orange dog leash.

(b) To observe the provisions of the laws for the
protection of [the disabled]persons with disabilities and to take
precautions necessary to the safety of [the disabled.] persons with disabilities.

(c) Of the policies of the State with respect to [the
visually and physically disabled]persons with visual or physical disabilities and
to cooperate in giving effect to them.

(d) Of the need to:

(1) Be aware of the presence of [disabled]
persons with disabilities in
the community;

(2) Keep safe and functional for [the
disabled]persons
with disabilities the streets, highways, sidewalks, walkways,
public buildings, public facilities, other public places, places of public
accommodation, amusement and resort, and other places to which the public is
invited; and

3. Provide
persons with disabilities in this state and their families, within the limits
of available resources, assistance in securing an equal opportunity to access
and enjoy fully:

(a) Freedom
and independence in planning and managing their lives, including, without
limitation, the ability to exercise individual initiative;

(b) Suitable
housing that is independently selected, designed and located with consideration
of the special needs of persons with disabilities, and that is affordable to
persons with disabilities;

(c) The
best possible physical and mental health, without regard to economic status;

(d) Necessary
health, personal assistance and independent living services that are designed
to enable persons with disabilities to avoid receiving institutional care, or
to transition from an institutional setting back to their communities;

(e) Respite
for family members of persons with disabilities from their duties as primary
caregivers; and

(f) Meaningful
participation in a wide range of civic, cultural and recreational
opportunities.

Sec. 13. NRS 426.010 is hereby amended to
read as follows:

426.010 The purposes of this chapter are:

1. To relieve [handicapped]
persons with disabilities from
the distress of poverty;

2. To encourage and assist [handicapped]
persons with disabilities in
their efforts to render themselves more self-supporting; and

3. To enlarge the opportunities of [handicapped]
persons with disabilities to
obtain education, vocational training and employment.

426.055 Deaf person means any person who, by reason of
the loss or impairment of his hearing, has an aural [handicap]disability which
limits, contributes to limiting or which, if not corrected, will probably
result in limiting his activities or functions.

Sec. 15. NRS 426.083 is hereby amended to
read as follows:

426.083 Helping dog means a dog which has been or is
being specially trained by or in conjunction with a school for helping dogs to
the individual requirements of a [physically handicapped]
person with a physical disability to:

1. Provide a minimum of protection;

2. Rescue the person in certain situations;

3. Pull a wheelchair;

4. Fetch dropped items; or

5. Provide other services to the person.

Sec. 16. NRS 426.097 is hereby amended to
read as follows:

426.097 Service animal means an animal which has been or
is being trained to provide a specialized service to a [handicapped]
person with a disability by
a school that is approved by the Division to train such an animal.

(a) Use a guide dog, hearing dog, helping dog or other
service animal or a blaze orange leash; or

(b) Carry or use on any street or highway or in any
other public place a cane or walking stick which is white or metallic in color,
or white tipped with red.

2. A blind person may use a guide dog or other service
animal, a blaze orange leash and a cane or walking stick which is white or
metallic in color, or white tipped with red.

3. A deaf person may use a hearing dog or other
service animal and a blaze orange leash.

4. A [physically handicapped] person with a physical disability may
use a helping dog or other service animal and a blaze orange leash.

5. Any pedestrian who approaches or encounters a
person using a guide dog or other service animal or carrying a cane or walking
stick white or metallic in color, or white tipped with red, shall immediately
come to a full stop and take such precautions before proceeding as may be
necessary to avoid accident or injury to the blind person.

6. Any person other than a blind person who:

(a) Uses a guide dog or other service animal or carries
a cane or walking stick such as is described in this section, contrary to the
provisions of this section;

(b) Fails to heed the approach of a person using a
guide dog or other service animal or carrying such a cane as is described by
this section;

(c) Fails to come to a stop upon approaching or coming
in contact with a person so using a guide dog or other service animal or so
carrying such a cane or walking stick; or

(d) Fails to take precaution against accident or injury
to such a person after coming to a stop,

7. Any person other than a blind[,]person, deaf person or [physically
handicapped] person with a physical disability who uses a blaze
orange leash is guilty of a misdemeanor.

8. This section does not apply to any person who is
instructing a blind[,]person, deaf person or [physically
handicapped] person with a physical disability or training a guide
dog, hearing dog, helping dog or other service animal.

Sec. 18. NRS 426.515 is hereby amended to
read as follows:

426.515 The failure of a:

1. Blind person to carry a white or metallic colored
cane or to use a guide dog or other service animal or a blaze orange leash;

2. Deaf person to use a hearing dog or other service
animal or a blaze orange leash; or

3. [Physically handicapped person]Person with a physical disability to
use a helping dog or other service animal or a blaze orange leash,

does not constitute contributory negligence per se, but may be
admissible as evidence of contributory negligence in a personal injury action
by that person against a common carrier or any other means of public conveyance
or transportation or a place of public accommodation as defined by NRS 651.050
when the injury arises from the blind[,]persons, deaf persons or [physically
handicapped persons]person with a physical disabilitys making use
of the facilities or services offered by the carrier or place of public
accommodation.

Sec. 19. NRS 426.727 is hereby amended to
read as follows:

426.727 State personal assistance program means a
program established pursuant to NRS 422.396, 427A.250 or [615.173.] section 8 of this act.

Sec. 19.3. NRS 426.729 is
hereby amended to read as follows:

426.729The Director of the Department of Human
Resources, [in cooperation with the Director of the Department of
Employment, Training and Rehabilitation and] in
consultation with the Advisory Committee, shall:

1. Determine the amount of state funding necessary
each biennium to carry out NRS 426.728.

2. Ensure that the amount of funding determined to be
necessary pursuant to subsection 1 is included in the budgetary request of the
appropriate department or agency for the biennium, and that the budgetary
request includes funding for any increase in the number of cases handled by the
state personal assistance programs.

3. Establish a program to govern the services provided
to carry out NRS 426.728, within the limitations of any conditions upon the
receipt of state or federal funding, including:

(a) Minimum standards for the provision of minimum
essential personal assistance, including, to the extent authorized by state and
federal law, the provision of services in accordance with NRS 629.091;

(e) Procedures to appeal the denial or modification of
an individual service plan for the provision of minimum essential personal
assistance and to resolve any disputes regarding the contents of such a plan;

(f) Continuous monitoring of the adequacy and
effectiveness of the provision of minimum essential personal assistance to each
recipient;

(g) Mandatory requirements and procedures for reporting
the abuse, neglect or exploitation of a recipient;

(h) The receipt of meaningful input from recipients,
including surveys of recipients, regarding the extent to which recipients are
receiving the services described in their individual service plans and their
satisfaction with those services; and

(i) Continuing procedures for soliciting public input
regarding the development, implementation and review of the program.

4. Review and modify the program established pursuant
to subsection 3 as appropriate to provide recipients with as much independence
and control over the provision of minimum essential personal assistance as is
feasible.

5. Submit to each regular session of the Legislature
and make available to members of the public any recommendations for legislation
to carry out NRS 426.728 and to carry out or improve the program established
pursuant to subsection 3.

6. Submit to each regular session of the Legislature a
report regarding the expenditure of any money received to carry out NRS 426.721
to 426.731, inclusive, that must include information regarding:

(a) The fiscal and other effects of services provided
to carry out NRS 426.728;

(b) The results of the program established pursuant to
subsection 3; and

(c) The percentage change in the number of residents of
this state with severe functional disabilities who are able to avoid or leave
institutional care as a result of the receipt of minimum essential personal
assistance through community-based services.

Sec. 19.7. NRS 426.731 is
hereby amended to read as follows:

426.7311. The Advisory Committee on Personal
Assistance for Persons with Severe Functional Disabilities is hereby created in
the Department [.]of Human Resources.

2. The Governor shall:

(a) Solicit recommendations for the appointment of
members to the Advisory Committee from organizations that are representative of
a broad range of persons with disabilities and organizations interested in the
provision of personal services to persons with functional disabilities.

(b) Appoint to the Advisory Committee such members as
he deems appropriate to represent a broad range of persons with disabilities
from diverse backgrounds, including, without limitation, one or more persons
who are representative of:

(1) The Nevada Commission on Aging and seniors
with disabilities.

(2) The Statewide Independent Living Council
established in this state pursuant to 29 U.S.C. § 796d.

(3) The State Council on Developmental
Disabilities established in this state pursuant to section 125 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000.

(4) Centers for independent living established
in this state.

(5) Providers of personal services to persons
with disabilities, including providers who receive state funding for that
purpose.

3. The majority of the members of the Advisory
Committee must be persons with disabilities.

4. After the initial term, the term of each member is
2 years.

5. Members of the Advisory Committee serve without
compensation, except that each member is entitled, while engaged in the
business of the Advisory Committee, to the per diem allowance and travel
expenses provided for state employees generally.

6. A majority of the members of the Advisory Committee
constitutes a quorum for the transaction of business, and a majority of a
quorum present at any meeting is sufficient for any official action taken by
the Advisory Committee.

7. The Advisory Committee shall:

(a) At its first meeting and annually thereafter, elect
a Chairman from among its members.

(b) Meet at the call of the Director [,]of the Department of Human Resources, the
Chairman or a majority of its members quarterly or as is necessary, within the
budget of the Advisory Committee, to provide the Director of the Department of Human Resources with
appropriate assistance to carry out the provisions of NRS 426.728.

Sec. 20. NRS 426.740 is hereby amended to
read as follows:

426.740 1. Every person who operates a service
station or retail store which sells fuel for motor vehicles to the public
shall, upon request, refuel a vehicle for a driver [who is physically
handicapped.]
with a physical disability.

2. The price of the fuel charged to such a driver must
not be greater than the price which would be charged to any other person for
the fuel if that person had personally refueled his vehicle.

3. This section does not apply to a service station or
a retail store which sells fuel if the service station or retail store does not
provide a person to refuel the motor vehicles of its customers.

4. A person who violates any provision of this section is
guilty of a misdemeanor.

2. Office
means the Office of Disability Services created by section 5 of this act.

3. Traumatic
brain injury means a sudden shock or damage to the brain or its coverings
which is not of a degenerative nature and produces an altered state of
consciousness or temporarily or permanently impairs the mental, cognitive,
behavioral or physical functioning of the brain. The term does not include:

(a) One member who is an employee of the [Rehabilitation
Division of the Department.]Office.

(b) One member who is an employee of the Division of
Health Care Financing and Policy of the Department [of Human Resources] and
participates in the administration of the state program providing Medicaid.

(c) One member who is a licensed insurer in this state.

(d) One member who represents the interests of
educators in this state.

(e) One member who is a person professionally qualified
in the field of psychiatric mental health.

(f) Two members who are employees of private providers
of rehabilitative health care located in this state.

(g) One member who represents persons who operate
community-based programs for head injuries in this state.

(h) One member who represents hospitals in this state.

(i) Two members who represent the recipients of health
care in this state.

3. After the initial appointments, each member of the
Committee serves a term of 3 years.

4. The Committee shall elect one of its members to
serve as Chairman.

5. Members of the Committee serve without compensation
and are not entitled to receive the per diem allowance or travel expenses
provided for state officers and employees generally, except that members of the
Committee may receive any per diem allowance and travel expenses that may be
authorized by the Committee if the payment of the per diem allowance and travel
expenses:

(a) Is made from money received by the Committee from a
source other than the State of Nevada; and

(b) Is not inconsistent with any condition attached to
the acceptance of that money.

6. The Committee may:

(a) Make recommendations to the [Administrator]Director of the Department and the
Office relating to the establishment and operation of any program
for persons with traumatic brain injuries.

(b) Make recommendations to the [Administrator]Director of the Department and the
Office concerning proposed legislation relating to traumatic
brain injuries.

(c) Collect information relating to traumatic brain
injuries.

(d) Apply for grants.

(e) Accept and expend any money made available to the
Committee by gift, grant, donation or bequest.

7. The Committee shall prepare a report of its
activities and recommendations each year and submit a copy to the:

(a) Director of the Department;

(b) [Administrator;]Office;

(c) Legislative Committee on Health Care; and

(d) Legislative Commission.

8. As used in this section:

(a) [Administrator means the Administrator of the Rehabilitation
Division of the Department.

(b)]
Person professionally qualified in the field of psychiatric mental health has
the meaning ascribed to it in NRS 433.209.

[(c)](b) Provider of health care has the meaning
ascribed to it in NRS 629.031.

(b) Support services for families of persons with
traumatic brain injuries.

(c) For the dissemination of information for the
prevention of traumatic brain injuries.

3. The [Rehabilitation Division]Office shall evaluate the
Program and submit a report containing the evaluation and any recommended
legislation to each regular session of the Legislature.

Sec. 21.7. NRS 426A.080 is hereby amended to
read as follows:

426A.080The [Rehabilitation Division
of the] Department shall adopt regulations concerning the
care of persons with traumatic brain injuries. The [Division]Department shall, in
adopting the regulations, consider the criteria established by the Commission
on Accreditation of Rehabilitation Facilities for the care of such persons.

(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are respectively
designated as follows:

(1) The Administrator of the Aging Services
Division;

(2) The Administrator of the Health Division;

(3) The State Welfare Administrator;

(4) The Administrator of the Division of Child
and Family Services; and

(5) The Administrator of the Division of Health
Care Financing and Policy.

(b) Shall administer, through the divisions of the
Department [,]and the Office of Disability Services, the
provisions of chapters 210, 423, 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to
450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410,
inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430,
inclusive, and 445A.010 to 445A.055, inclusive, and sections 2 to 11, inclusive, of this act, and
all other provisions of law relating to the functions of the divisions of the
Department [,]and the Office of Disability Services, but is
not responsible for the clinical activities of the Health Division or the
professional line activities of the other divisions [.]or the Office of Disability Services.

(c) Shall, after considering advice from agencies of
local governments and nonprofit organizations which provide social services,
adopt a master plan for the provision of human services in this state. The
Director shall revise the plan biennially and deliver a copy of the plan to the
Governor and the Legislature at the beginning of each regular session. The plan
must:

(1) Identify and assess the plans and programs
of the Department for the provision of human services, and any duplication of
those services by federal, state and local agencies;

(2) Set forth priorities for the provision of
those services;

(3) Provide for communication and the
coordination of those services among nonprofit organizations, agencies of local
government, the state and the Federal Government;

(4) Identify the sources of funding for services
provided by the Department and the allocation of that funding;

(5) Set forth sufficient information to assist
the Department in providing those services and in the planning and budgeting
for the future provision of those services; and

(6) Contain any other information necessary for
the Department to communicate effectively with the Federal Government
concerning demographic trends, formulas for the distribution of federal money
and any need for the modification of programs administered by the Department.

(d) May, by regulation, require nonprofit organizations
and state and local governmental agencies to provide information to him regarding
the programs of those organizations and agencies, excluding detailed
information relating to their budgets and payrolls, which he deems necessary
for his performance of the duties imposed upon him pursuant to this section.

(e) Has such other powers and duties as are provided by
law.

2. The Governor shall appoint the Administrator of the
Division of Mental Health and Developmental Services.

Sec. 22.3. NRS 232.920 is hereby amended to
read as follows:

232.920The Director:

1. Shall:

(a) Organize the Department into divisions and other
operating units as needed to achieve the purposes of the Department;

(b) Upon request, provide the Director of the
Department of Administration with a list of organizations and agencies in this
state whose primary purpose is the training and employment of handicapped
persons; and

(c) Except as otherwise provided by a specific statute,
direct the divisions to share information in their records with agencies of
local governments which are responsible for the collection of debts or
obligations if the confidentiality of the information is otherwise maintained
under the terms and conditions required by law.

2. Is responsible for the administration, through the
divisions of the Department, of the provisions of NRS 426.005 to 426.720, inclusive, 426.740, 426.790 and
426.800, and chapters [426, 426A,]
612 and 615 of NRS, and all other provisions of law relating to the functions
of the Department and its divisions, but is not responsible for the
professional line activities of the divisions or other operating units except
as otherwise provided by specific statute.

3. May employ, within the limits of legislative
appropriations, such staff as is necessary for the performance of the duties of
the Department.

Sec. 22.7. NRS 232.945 is hereby amended to
read as follows:

232.945The Director shall appoint an
Administrator of the Rehabilitation Division of the Department. The
Administrator:

1. Is in the unclassified service of the State unless
federal law or regulation requires otherwise, and serves at the pleasure of the
Director.

2. Shall administer the provisions of law set forth in
subsection 4, subject to the administrative supervision of the Director.

3. Except as otherwise provided in NRS 284.143, shall
devote his entire time and attention to the business of his office and shall
not pursue any other business or occupation or hold any other office of profit.

4. Is responsible for the administration, through the
bureaus of the Rehabilitation Division, of the provisions of NRS 232.940 and
232.950 and this section, NRS 426.520 to 426.610, inclusive, and [chapters
426A and]chapter
615 of NRS and all other provisions of law relating to the
functions of the Rehabilitation Division and its bureaus, but is not
responsible for the professional line activities of the bureaus except as
otherwise provided by specific statute.

5. Is responsible for the preparation of a
consolidated state plan for the Bureau of Services to the Blind and Visually
Impaired, the Bureau of Vocational Rehabilitation and any other program
administered by the Rehabilitation Division that he considers appropriate to
incorporate into the consolidated state plan before submission to the Federal
Government. This subsection does not apply if any federal regulation exists
that prohibits a consolidated plan.

6. In developing and revising state plans pursuant to
subsection 5, shall consider, without limitation:

(a) The amount of money available from the Federal
Government for the programs of the Rehabilitation Division;

(b) The conditions attached to the acceptance of that
money; and

(c) The limitations of legislative appropriations for
the programs.

7. May employ, within the limits of legislative
appropriations, such staff as is necessary to the performance of the duties of
the Rehabilitation Division.

Sec. 23. NRS 651.075 is hereby amended to
read as follows:

651.075 1. It is unlawful for a place of public
accommodation to:

(a) Refuse admittance or service to a person with a
visual, aural or physical disability because he is accompanied by a guide dog,
hearing dog, helping dog or other service animal.

(b) Refuse admittance or service to a person training
such an animal.

(c) Refuse to permit an employee of the place of public
accommodation who is training such an animal to bring the animal into:

(1) The place of public accommodation; or

(2) Any area within the place of public
accommodation to which employees of the place have access, regardless of
whether the area is open to the public.

(d) Refuse admittance or service to a person because he
is accompanied by a police dog.

(e) Charge an additional fee for such an animal.

2. A place of accommodation may require proof that an
animal is a guide dog, hearing dog, helping dog or other service animal, or
that a person is training such an animal. This requirement may be satisfied, by
way of example and not of limitation, by exhibition of the identification card
normally presented to a trainer of such an animal or to a person with a visual,
aural or physical disability upon his graduation from a school for guide dogs,
school for hearing dogs, school for helping dogs or other school that is
approved by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to train a service animal to
provide a specialized service to a [handicapped person.]

Training and Rehabilitation to train a service animal to
provide a specialized service to a [handicapped person.] person with a disability.

3. A guide dog, hearing dog, helping dog or other
service animal may not be presumed dangerous by reason of the fact it is not
muzzled.

4. This section does not relieve:

(a) A person with a disability or a person who trains
such an animal from liability for damage caused by his guide dog, hearing dog,
helping dog or other service animal.

(b) A person who is accompanied by a police dog from
liability for damage caused by the police dog.

5. Persons with disabilities who are accompanied by
guide dogs, hearing dogs, helping dogs or other service animals are subject to
the same conditions and limitations that apply to persons who are not so
disabled and accompanied.

6. Persons who are accompanied by police dogs are
subject to the same conditions and limitations that apply to persons who are
not so accompanied.

7. For the purposes of this section:

(a) The terms guide dog, hearing dog, helping dog
and service animal have the meanings ascribed to them respectively in NRS
426.075, 426.081, 426.083 and 426.097.

(b) Police dog means a dog which is owned by a state or
local governmental agency and which is used by a peace officer in performing
his duties as a peace officer.

Sec. 24. NRS 704.040 is hereby amended to
read as follows:

704.040 1. Every public utility shall furnish
reasonably adequate service and facilities, and the charges made for any
service rendered or to be rendered, or for any service in connection therewith
or incidental thereto, must be just and reasonable.

2. Every unjust and unreasonable charge for service of
a public utility is unlawful.

3. The Commission may exempt, to the extent it deems
reasonable, services related to telecommunication or public utilities which
provide telecommunication services from any or all of the provisions of this
chapter, upon a determination after hearing that the services are competitive
or discretionary and that regulation thereof is unnecessary. For the purposes
of this subsection, basic local exchange service and access services provided
to interexchange carriers are not discretionary.

4. The Commission shall adopt regulations necessary to
establish an alternative plan of regulation of a public utility that provides
telecommunication services. The alternative plan may include, but is not
limited to, provisions that:

(a) Allow adjustment of the rates charged by a public
utility that provides telecommunication services during the period in which the
utility elects the alternative plan of regulation.

(b) Provide for flexibility of pricing for discretionary
services and services that are competitive.

(c) Specify the provisions of this chapter ,[and]
chapter 707 of NRS and section 11
of this act that do not apply to a public utility that elects to
be regulated under the alternative plan.

5. A public utility that elects to be regulated under
the alternative plan established pursuant to subsection 4 is not subject to the
remaining provisions of this chapter , [or] chapter 707
of NRS or section 11 of this act to the extent specified pursuant to paragraph
(c) of subsection 4.

provisions of this chapter ,[or]
chapter 707 of NRS or section 11
of this act to the extent specified pursuant to paragraph (c) of
subsection 4.

6. All providers of telecommunication services which
offer the same or similar service must be subject to fair and impartial
regulation, to promote adequate, economical and efficient service.

7. The Commission may provide for the levy and
collection of an assessment, in an amount determined by the Commission, from a
public utility that provides telecommunication services in order to maintain
the availability of telephone service. Assessments levied pursuant to this
subsection must be maintained in a separate fund established by the Commission.
The Commission shall contract with an independent administrator to administer
the fund pursuant to open competitive bidding procedures established by the
Commission. The independent administrator shall collect the assessments levied
and distribute them from the fund pursuant to a plan which has been approved by
the Commission. Money in the fund must be used for the sole purpose of
maintaining the availability of telephone service.

8. For the purposes of this section, interexchange
carrier means any person providing intrastate telecommunications service for a
fee between two or more exchanges.

Sec. 25. NRS 704.145 is hereby amended to
read as follows:

704.145 1. It is unlawful for a common carrier or
other means of public conveyance or transportation operating in this state to:

(a) Refuse service to a [visually, aurally or
physically handicapped] person with a visual, aural or physical disability because
he is accompanied by a guide dog, hearing dog, helping dog or other service
animal;

(b) Refuse service to a person who is training a guide
dog, hearing dog, helping dog or other service animal because he is accompanied
by such an animal; or

(c) Charge an additional fee for such an animal.

2. This section does not relieve a [visually,
aurally or physically handicapped] person with a visual, aural or physical
disability or a person who trains a guide dog, hearing dog,
helping dog or other service animal from liability for damage which may be
caused by his animal.

3. [Visually, aurally or physically handicapped persons]Persons with visual, aural or
physical disabilities accompanied by guide dogs, hearing dogs,
helping dogs or other service animals are subject to the same conditions and
limitations that apply to persons without
disabilities who are not so [handicapped and]
accompanied.

4. For the purposes of this section, the terms guide dog,
hearing dog, helping dog and service animal have the meanings ascribed to
them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

Sec. 26. NRS 706.366 is hereby amended to
read as follows:

706.366 1. It is unlawful for a common motor carrier
of passengers or other means of public conveyance or transportation operating
in this state to:

(a) Refuse service to a [visually, aurally or
physically handicapped] person with a visual, aural or physical disability because
he is accompanied by a guide dog, hearing dog, helping dog or other service
animal;

(b) Refuse service to a person who is training a guide
dog, hearing dog, helping dog or other service animal because he is accompanied
by such an animal; or

2. This section does not relieve a [visually,
aurally or physically handicapped] person with a visual, aural or physical
disability or a person who trains a guide dog, hearing dog,
helping dog or other service animal from liability for damage which may be
caused by his animal.

3. [Visually, aurally or physically handicapped persons]Persons with visual, aural or
physical disabilities accompanied by guide dogs, hearing dogs,
helping dogs or other service animals are subject to the same conditions and
limitations that apply to persons without
disabilities who are not so [handicapped and]
accompanied.

4. For the purposes of this section, the terms guide dog,
hearing dog, helping dog and service animal have the meanings ascribed to
them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

Sec. 29. Notwithstanding the provisions of sections
8, 9, 21.7 and 27 of this act that transfer the authority to adopt certain
regulations from the Department of Employment, Training and Rehabilitation to
the Department of Human Resources:

1. Any regulations adopted by the Department of Employment,
Training and Rehabilitation pursuant to NRS 615.173 or 615.176 before July 1,
2003, remain in effect and may enforced by the Director of the Department of
Human Resources until the Department of Human Resources adopts regulations to
replace those regulations of the Department of Employment, Training and
Rehabilitation.

2. Any regulations adopted by the Rehabilitation Division
of the Department of Employment, Training and Rehabilitation pursuant to NRS
426A.070 or 426A.080 before July 1, 2003, remain in effect and may enforced by
the Director of the Department of Human Resources until the Department of Human
Resources adopts regulations to replace those regulations of the Rehabilitation
Division of the Department of Employment, Training and Rehabilitation.

Sec. 30. The State Controller shall transfer the
money in the account created by NRS 707.360 to the account created by section
11 of this act.

Sec. 30.5. As soon as practicable after July 1,
2003, the Director of the Department of Human Resources shall appoint to the
Advisory Committee on Deaf and Hard of Hearing Persons created by section 6.5
of this act:

1. Six members whose terms expire on June 30, 2005; and

2. Five members whose terms expire on June 30, 2006.

Sec. 31. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 2641κ

CHAPTER 430, SB 502

Senate Bill No. 502Committee on Finance

CHAPTER 430

AN ACT relating to
recreation; extending the reversion date of certain appropriations from
previous sessions for park improvements; and providing other matters properly
relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Section 4 of chapter 536, Statutes of
Nevada 1997, as last amended by section 5 of chapter 475, Statutes of Nevada
2001, at page 2385, is hereby amended to read as follows:

Sec. 4. Any remaining balance of the appropriation made by
section 1 of chapter 536, Statutes of Nevada 1997:

1. For use as provided in subsections 4, 5, 7 and 9 of that
section must not be committed for expenditure after June 30, 1999, and reverts
to the state general fund as soon as all payments of money committed have been
made.

2. For use as provided in subsections 1, 2, 3, 6 and 8
of that section must not be committed for expenditure after June 30, [2003,] 2005, and reverts to the
state general fund as soon as all payments of money committed have been made.

Sec. 7. Any remaining balance of the appropriation made by
section 6 of this act must not be committed for expenditure after June 30, [2003,]2005, and reverts to
the state general fund as soon as all payments of money committed have been
made.

Sec. 3. This act becomes effective upon passage and
approval.

________

CHAPTER 431, SB 501

Senate Bill No. 501Committee on Finance

CHAPTER 431

AN ACT relating to
motor vehicles; requiring the Department of Motor Vehicles to charge and
collect certain new fees relating to the lease or sale of a vehicle; and
providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 482.423 is hereby amended to
read as follows:

482.423 1. When a new vehicle is sold in this state
for the first time, the seller shall complete and execute a manufacturers
certificate of origin or a manufacturers statement of
origin and, unless the vehicle is sold to a licensed dealer, a dealers report
of sale.

a manufacturers statement of origin and, unless the vehicle
is sold to a licensed dealer, a dealers report of sale. The dealers report of
sale must be in a form prescribed by the Department and must include:

(a) A description of the vehicle;

(b) The name and address of the seller; and

(c) The name and address of the buyer.

2. If, in connection with the sale, a security
interest is taken or retained by the seller to secure all or part of the purchase
price, or a security interest is taken by a person who gives value to enable
the buyer to acquire rights in the vehicle, the name and address of the secured
party or his assignee must be entered on the dealers report of sale and on the
manufacturers certificate or statement of origin.

3. Unless an extension of time is granted by the
Department, the seller shall:

(a) Collect the [fee]fees set forth in
NRS 482.429 for [a]:

(1)
A certificate of title for a vehicle registered in this state;
and

(2) The
processing of the dealers report of sale; and

(b) Within
20 days after the execution of the dealers report of sale:

(1)
Submit to the
Department the original of the dealers report of sale and the
manufacturers certificate or statement of origin ; and [remit the fee]

(2)
Remit to the Department the fees collected pursuant to [this
subsection for the certificate of title to the Department within 20 days after
the execution of the dealers report of sale.] paragraph (a).

4. Upon entering into a contract for the sale of a new
vehicle, the seller shall affix a temporary placard to the rear of the vehicle.
Only one temporary placard may be issued for the vehicle. The temporary placard
must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on the
exterior of a vehicle;

(c) Be free from foreign materials and clearly visible
from the rear of the vehicle; and

(d) Include the date of its expiration.

5. Compliance with the requirements of subsection 4
permits the vehicle to be operated for a period not to exceed 30 days after the
execution of the contract. Upon the issuance of the certificate of registration
and license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the buyer shall remove the temporary placard from the
rear of the vehicle.

6. For the purposes of establishing compliance with
the period required by paragraph (b) of subsection 3, the Department shall use
the date imprinted or otherwise indicated on the dealers report of sale as the
beginning date of the 20-day period.

7. Upon execution of all required documents to
complete the sale of a vehicle, the dealer shall execute the dealers report of
sale and furnish a copy of the report to the buyer not less than 10 days before
the expiration of the temporary placard.

Sec. 2. NRS 482.4235 is hereby amended to
read as follows:

482.4235 1. If a new vehicle is leased in this state
by a long-term lessor, the long-term lessor shall complete and execute a
manufacturers certificate of origin or a manufacturers statement of origin,
and a long-term lessors report of lease. Such a report must be in a form
prescribed by the Department and must include:

(b) The names and addresses of the long-term lessor,
long-term lessee and any person having a security interest in the vehicle.

2. Unless an extension of time is granted by the
Department, the long-term lessor shall [submit], within 20 days after the
execution of the long-term lessors report of lease:

(a) Submit
to the Department the original of the long-term lessors report of
lease and the manufacturers certificate of origin or manufacturers statement
of origin [to the Department within 20 days after the execution of the
long-term lessors report of lease.] ; and

(b) Collect
and remit to the Department the fee set forth in NRS 482.429 for the processing
of the long-term lessors report of lease.

3. Upon entering into a lease for a new vehicle, the
seller shall affix a temporary placard to the rear of the vehicle. Only one
temporary placard may be issued for the vehicle. The temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on the
exterior of a vehicle;

(c) Be free from foreign materials and clearly visible
from the rear of the vehicle; and

(d) Include the date of its expiration.

4. Compliance with the requirements of subsection 3
permits the vehicle to be operated for a period not to exceed 30 days after the
execution of the lease. Upon issuance of the certificate of registration and
license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the long-term lessee shall remove the temporary placard
from the rear of the vehicle.

5. For the purposes of establishing compliance with
the period required by subsection 2, the Department shall use the date
imprinted or otherwise indicated on the long-term lessors report of lease as
the beginning date of the 20-day period.

6. Upon executing all documents necessary to complete
the lease of the vehicle, the long-term lessor shall execute the long-term
lessors report of lease and furnish a copy of the report to the long-term
lessee not less than 10 days before the expiration of the temporary placard.

Sec. 3. NRS 482.424 is hereby amended to read
as follows:

482.424 1. When a used or rebuilt vehicle is sold in
this state to any person, except a licensed dealer, by a dealer, rebuilder,
long-term lessor or short-term lessor, the seller shall complete and execute a
dealers or rebuilders report of sale. The dealers or rebuilders report of
sale must be in a form prescribed by the Department and must include:

(a) A description of the vehicle, including whether it
is a rebuilt vehicle;

(b) The name and address of the seller; and

(c) The name and address of the buyer.

2. If a security interest exists at the time of the
sale, or if in connection with the sale a security interest is taken or
retained by the seller to secure all or part of the purchase price, or a
security interest is taken by a person who gives value to enable the buyer to
acquire rights in the vehicle, the name and address of the secured party must
be entered on the dealers or rebuilders report of sale.

3. Unless an extension of time is granted by the
Department, the seller shall:

(1)
A certificate of title for a vehicle registered in this state;
and

(2)
The processing of the dealers or rebuilders report of sale; and

(b) Within
30 days after the execution of the dealers or rebuilders report of sale:

(1)
Submit to the
Department the original of the dealers or rebuilders report of
sale and the properly endorsed
certificate of title previously issued for the vehicle; and [remit
the fee]

(2)
Remit to the Department the fees collected pursuant to [this
subsection for the certificate of title to the Department within 30 days after
the execution of the dealers or rebuilders report of sale, together with the
properly endorsed certificate of title or certificate of ownership previously
issued for the vehicle.] paragraph (a).

4. Upon entering into a contract for the sale of a
used or rebuilt vehicle, the seller shall affix a temporary placard to the rear
of the vehicle. Only one temporary placard may be issued for the vehicle. The
temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on the
exterior of a vehicle;

(c) Be free from foreign materials and clearly visible
from the rear of the vehicle; and

(d) Include the date of its expiration.

5. Compliance with the requirements of subsection 4
permits the vehicle to be operated for not more than 30 days after the
execution of the contract. Upon the issuance of the certificate of registration
and license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the buyer shall remove the temporary placard from the
rear of the vehicle.

6. For the purposes of establishing compliance with
the period required by paragraph (b) of subsection 3, the Department shall use
the date imprinted or otherwise indicated on the dealers or rebuilders report
of sale as the beginning date of the 30-day period.

7. Upon executing all documents necessary to complete
the sale of the vehicle, the seller shall execute the dealers or rebuilders
report of sale and furnish a copy of the report to the buyer not less than 10
days before the expiration of the temporary placard.

Sec. 4. NRS 482.4245 is hereby amended to
read as follows:

482.4245 1. If a used or rebuilt vehicle is leased in
this state by a long-term lessor, the long-term lessor shall complete and
execute a long-term lessors report of lease. Such a report must be in a form
prescribed by the Department and must include:

(a) A description of the vehicle;

(b) An indication as to whether the vehicle is a
rebuilt vehicle; and

(c) The names and addresses of the long-term lessor,
long-term lessee and any person having a security interest in the vehicle.

2. Unless an extension of time is granted by the
Department, the long-term lessor shall [submit], within 30 days after the
execution of the long-term lessors report of lease:

(a) Submit
to the Department the original of the long-term lessors report
of lease [to the Department within 30 days after the execution of the
long-term lessors report of lease, together with]and the properly endorsed
certificate of title or certificate of ownership previously issued for the
vehicle[.] ; and

(b) Collect
and remit to the Department the fee set forth in NRS 482.429 for the processing
of the long-term lessors report of lease.

3. Upon entering into a lease for a used or rebuilt
vehicle, the seller shall affix a temporary placard to the rear of the vehicle.
Only one temporary placard may be issued for the vehicle. The temporary placard
must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on the
exterior of a vehicle;

(c) Be free from foreign materials and clearly visible
from the rear of the vehicle; and

(d) Include the date of its expiration.

4. Compliance with the requirements of subsection 3
permits the vehicle to be operated for a period not to exceed 30 days after the
execution of the lease. Upon issuance of the certificate of registration and
license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the long-term lessee shall remove the temporary placard
from the rear of the vehicle.

5. For the purposes of establishing compliance with
the period required by subsection 2, the Department shall use the date
imprinted or otherwise indicated on the long-term lessors report of lease as
the beginning date of the 30-day period.

6. Upon executing all documents necessary to complete
the lease of the vehicle, the long-term lessor shall execute the long-term
lessors report of lease and furnish a copy of the report to the long-term
lessee not less than 10 days before the expiration of the temporary placard.

Sec. 5. NRS 482.426 is hereby amended to read
as follows:

482.426 When a used or rebuilt vehicle is sold in this
state by a person who is not a dealer or rebuilder, the seller or buyer or both
of them shall, within 10 days after the sale[, submit]:

1. Submit
to the Department:

[1.] (a) If a certificate of ownership has been
issued in this state, the certificate properly endorsed.

[2.] (b) If a certificate of title or other
document of title has been issued by a public authority of another state,
territory or country:

[(a)] (1) The certificate or document properly
endorsed; and

[(b)] (2) A statement containing, if not included
in the endorsed certificate or document, the description of the vehicle,
including whether it is a rebuilt vehicle, the names and addresses of the buyer
and seller, and the name and address of any person who takes or retains a
purchase money security interest. Any such statement must be signed and
acknowledged by the seller and the buyer.

[3.] (c) If no document of title has been issued
by any public authority, a statement containing all the information and signed
and acknowledged in the manner required by subparagraph (2) of paragraph (b) .[of subsection 2.]

2. Remit
to the Department the fee set forth in NRS 482.429 for the processing of an
endorsed certificate of title or statement submitted to the Department pursuant
to this section.

Sec. 6. NRS 482.429 is hereby amended to read
as follows:

482.429 For its services under this chapter, the
Department shall charge and collect the following fees:

For each certificate
of title issued for a vehicle present or registered in this state $20.00

For each duplicate
certificate of title issued..................................... 20.00

For each certificate
of title issued for a vehicle not present in or registered in this state 35.00

For the processing of each dealers or rebuilders report of
sale submitted to the Department 8.25

For the processing of each long-term lessors report of
lease submitted to the Department 8.25

For the processing of each endorsed certificate of title or
statement submitted to the Department upon the sale of a used or rebuilt
vehicle in this state by a person who is not a dealer or rebuilder 8.25

________

CHAPTER 432, SB 496

Senate Bill No. 496Committee on Finance

CHAPTER 432

AN ACT relating to
economic development; revising various provisions governing certain training
programs for employees of businesses; providing for the reversion to the State
General Fund of certain money administered by the Commission on Economic
Development to carry out such training programs; and providing other matters
properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 231.141 is hereby amended to
read as follows:

231.141 As used in NRS 231.141 to 231.152, inclusive,
unless the context otherwise requires, the words and terms defined in NRS
231.142 [to 231.146, inclusive,], 231.143 and 231.146 have
the meanings ascribed to them in those sections.

Sec. 2. NRS 231.147 is hereby amended to read
as follows:

231.147 1. A person who operates a business or will
operate a business in this state may apply to the Commission for approval of a
program. The application must be submitted on a form prescribed by the
Commission.

2. Each application must include:

(a) The name, address and telephone number of the
business;

(b) The number and types of jobs for the business that
are available or will be available upon completion of the program;

(c) A statement of the objectives of the proposed
program;

(d) The estimated cost for each person enrolled in the
program; and

(e) A statement signed by the applicant certifying
that, if the program set forth in the application is approved and money is
granted by the [Director]Commission to a community college for the
program, each employee who completes the program:

(1) Will be employed in a full-time and
permanent position in the business; and

(2) While employed in that position, will be
paid not less than 80 percent of the lesser of the average industrial hourly
wage in:

(I) This state; or

(II) The county in which the business is
located,

as determined by the Employment Security Division of the
Department of Employment, Training
and Rehabilitation on July 1 of each fiscal year.

3. Upon request, the Commission may assist an
applicant in completing an application pursuant to the provisions of this
section.

4. Except as otherwise provided in subsection 5, the
Commission shall approve or deny each application at the next regularly
scheduled meeting of the Commission. When considering an application, the
Commission shall give priority to a business that:

(a) Provides high-skill and high-wage jobs to residents
of this state; and

(b) To the greatest extent practicable, uses materials
for the business that are produced or bought in this state.

5. Before approving an application, the Commission
shall establish the amount of matching money that the applicant must provide
for the program. The amount established by the Commission for that applicant
must not be less than 25 percent of the amount the Commission approves for the
program.

6. If the Commission approves an application, it shall
notify the applicant, in writing, within 10 days after the application is
approved.

7. If the Commission denies an application, it shall,
within 10 days after the application is denied, notify the applicant in
writing. The notice must include the reason for denying the application.

Sec. 3. NRS 231.149 is hereby amended to read
as follows:

231.149 1. The [Director]Commission may apply
for or accept any gifts, grants, donations or contributions from any source to
carry out the provisions of NRS 231.141 to 231.152, inclusive.

2. Any money the [Director]Commission receives
pursuant to subsection 1 must be deposited in the State Treasury pursuant to
NRS 231.151.

Sec. 4. NRS 231.151 is hereby amended to read
as follows:

231.151 1. Any money the [Director]Commission receives
pursuant to NRS 231.149 or that is appropriated to carry out the provisions of
NRS 231.141 to 231.152, inclusive:

(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund; and

(b) May only be used to carry out those provisions . [; and

(c) Does
not revert to the State General Fund at the end of any fiscal year.]

2. Except as
otherwise provided in subsection 3, the balance remaining in the account that
has not been committed for expenditure on or before June 30 of a fiscal year
reverts to the State General Fund.

3. In calculating
the uncommitted remaining balance in the account at the end of a fiscal year,
any money in the account that is attributable to a gift, grant, donation or
contribution:

(a) To the
extent not inconsistent with a term of the gift, grant, donation or
contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a
legislative appropriation; and

expenditure
before any money that is attributable to a legislative appropriation; and

(b) Must
be excluded from the calculation of the uncommitted remaining balance in the
account at the end of the fiscal year if necessary to comply with a term of the
gift, grant, donation or contribution.

4. The
[Director]Commission shall administer the account. Any
interest or income earned on the money in the account must be credited to the
account. Any claims against the account must be paid as other claims against
the State are paid.

Sec. 5. NRS 231.152 is hereby amended to read
as follows:

231.152 [1. Except as otherwise provided in
subsection 2, the Director may adopt such regulations as are necessary to carry
out the provisions of NRS 231.141 to 231.152, inclusive.

2.]
The Commission may adopt such regulations as are necessary to carry out the
provisions of NRS 231.147 . [and
231.148.]

Sec. 6. NRS 231.144, 231.145 and 231.148 are
hereby repealed.

Sec. 7. This act becomes effective on July 1, 2003.

________

CHAPTER 433, SB 292

Senate Bill No. 292Senator Schneider

CHAPTER 433

AN ACT relating to
insurance; directing the Legislative Commission to appoint a committee to study
the impact of Nevadas industrial insurance program on injured workers,
employers and insurers; authorizing the Commissioner of Insurance to conduct a
study to review pricing mechanisms for medical professional liability
insurance; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Legislative Commission shall appoint
a committee consisting of six Legislators to conduct an interim study of the
impact of Nevadas industrial insurance program on injured workers, employers
and insurers.

2. The Legislative Commission shall appoint to the
committee three members of the Senate and three members of the Assembly who are
acquainted with the statutory program for industrial insurance in this state.

3. The study must include, without limitation:

(a) An examination of the procedures for resolving contested
industrial insurance claims filed by injured workers, the costs to injured
workers, employers and insurers in litigating such claims, the effect of the
benefit penalty on the resolution of such claims, and the timeliness of
resolving such claims;

(b) Consideration of whether it is appropriate to reimburse
injured workers for time off of work when they are receiving medical treatment
for compensable industrial injuries or illnesses, including the cost of such reimbursement to employers and insurers and the impacts on
injured workers of not making such reimbursement;

reimbursement to employers and insurers and the impacts on injured
workers of not making such reimbursement;

(c) Consideration of whether it is appropriate to increase
benefits retroactively to a claimant or dependant of a claimant who is entitled
to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for
a permanent total disability caused by an industrial injury or a disablement
from an occupational disease that occurs before July 1, 2004, and if so,
consideration of the sources for paying for such increased benefits; and

(d) A review of the impact of legislation enacted during the
2003 Legislative Session on injured workers, employers and insurers.

4. In conducting the study, the committee shall seek
information and suggestions from experts in the area of industrial insurance
and from various representatives of injured workers, employers and insurers.

5. Any recommended legislation proposed by the committee
must be approved by a majority of the members of the Senate and a majority of
the members of the Assembly who are appointed to the committee.

6. The Legislative Commission shall submit a report of the
results of the study and any recommendations for legislation to the 73rd
Session of the Nevada Legislature.

Sec. 2. 1. The Commissioner of Insurance may
conduct a study to review pricing mechanisms for medical professional liability
insurance.

2. If the Commissioner of Insurance conducts a study
pursuant to this section, the Commissioner shall submit a report of the results
of the study to the Governor and the Legislative Commission.

Sec. 3. This act becomes effective on July 1, 2003.

________

CHAPTER 434, SB 233

Senate Bill No. 233Committee on Government Affairs

CHAPTER 434

AN ACT relating to
water systems; increasing the amount of general obligation bonds that the State
Board of Finance may issue to provide grants to publicly owned water systems
for capital improvements; and providing other matters properly relating
thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 349.986 is hereby amended to
read as follows:

349.986 The State Board of Finance shall issue general
obligation bonds of the State of Nevada in the face amount of not more than [$69,000,000]$86,000,000 to
support the purposes of the program. The net proceeds from the sale of the
bonds must be deposited in the Fund. The bonds must be redeemed through the
Consolidated Bond Interest and Redemption Fund.

Sec. 2. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 2650κ

CHAPTER 435, SB 143

Senate Bill No. 143Committee on Government Affairs

CHAPTER 435

AN ACT relating to
public administrators; authorizing a board of county commissioners to examine
and audit the money and property entrusted to the care of the public
administrator of the county; revising the qualifications for public
administrators; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 244.200 is hereby amended to
read as follows:

244.200 The boards of county commissioners shall have
power and jurisdiction in their respective counties to examine and audit:

1. The accounts of all officers having the care,
management, collection or disbursement of any money belonging to the county or
appropriated by law, or otherwise, for its use and benefit; and

2. The money
and property entrusted to the care of, and the fees or
compensation received by the public administrators of the respective counties
in their several official capacities.

Sec. 2. NRS 253.010 is
hereby amended to read as follows:

253.010 1. Except as otherwise provided in subsection [3,]4, public
administrators must be elected by the qualified electors of their respective
counties.

2. Public administrators must be chosen by the
electors of their respective counties at the general election in 1922 and at
the general election every 4 years thereafter, and shall enter upon the duties
of their office on the 1st Monday of January [subsequent to]after their
election.

3. The
public administrator of a county must:

(a) Be a
qualified elector of the county;

(b) Be at
least 21 years of age on the date he will take office;

(c) Not
have been convicted of a felony for which his civil rights have not been restored
by a court of competent jurisdiction; and

(d) Not
have been found liable in a civil action involving a finding of fraud,
misrepresentation, material omission, misappropriation, theft or conversion.

4. The
district attorneys of Lander, Lincoln and White Pine Counties are ex officio
public administrators of Lander County, Lincoln County and White Pine County,
respectively. The Clerk of Carson City shall serve as Public Administrator of
Carson City.

Sec. 3. The amendatory provisions of section 2 of
this act apply to public administrators appointed or elected after July 1,
2003.

Sec. 4. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 2651κ

CHAPTER 436, SB 51

Senate Bill No. 51Committee on Natural Resources

CHAPTER 436

AN ACT relating to
state financial administration; extending the date by which certain
prerequisites must be satisfied for the State Board of Finance to issue general
obligation bonds to assist in the construction of a California Immigrant Trail
Interpretive Center in Elko County; authorizing the matching money required
from Elko County to be made up of in-kind contributions; and providing other
matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Section 1 of chapter 577, Statutes of
Nevada 1999, at page 3108, is hereby amended to read as follows:

Section 1. 1. Except as otherwise provided in
subsection 3, the State Board of Finance shall issue general obligation bonds
of the State of Nevada in the face amount of not more than $3,000,000. The
proceeds of the bonds must be allocated to the Division of State Parks of the
State Department of Conservation and Natural Resources to assist in the
construction of a California Immigrant Trail Interpretive Center in Elko
County.

2. The expenses related to the issuance of bonds
pursuant to this section must be paid from the proceeds of the bonds and must
not exceed 2 percent of the face amount of the bonds sold.

3. The State Board of Finance shall not issue the
general obligation bonds pursuant to subsection 1 unless on or before June 30, [2003:] 2007:

(a) The Division of State Parks of the State Department
of Conservation and Natural Resources has received commitments of at least:

(1) One million dollars or an equivalent in-kind contribution from
Elko County;

(2) Two million dollars from the City of Elko;
and

(3) Six million dollars from the Federal
Government and other available sources of grant money,

for the construction of the California Immigrant Trail
Interpretive Center in Elko County; and

(b) The Federal Government has agreed to own and
operate the California Immigrant Trail Interpretive Center in Elko County.

Sec. 2. This act becomes effective upon passage and
approval.

________

κ2003
Statutes of Nevada, Page 2652κ

CHAPTER 437, SB 49

Senate Bill No. 49Committee on Human Resources and
Facilities

CHAPTER 437

AN ACT relating to
suicide prevention; creating a Statewide Program for Suicide Prevention within
the office of the Director of the Department of Human Resources; creating
positions within the Statewide Program for Suicide Prevention to coordinate the
Statewide Program and to provide training and facilitate networking relating to
suicide prevention in certain counties; and providing other matters properly
relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 439 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 and 3 of this
act.

Sec. 2. 1.
There is hereby created within the office of the Director a Statewide Program
for Suicide Prevention. The Department shall implement the Statewide Program
for Suicide Prevention, which must, without limitation:

(a) Create
public awareness for issues relating to suicide prevention;

(b) Build
community networks; and

(c) Carry out
training programs for suicide prevention for law enforcement personnel,
providers of health care, school employees and other persons who have contact
with persons at risk of suicide.

2. The
Director shall employ a Coordinator of the Statewide Program for Suicide
Prevention. The Coordinator:

(a) Must have
at least the following education and experience:

(1) A
bachelors degree in social work, psychology, sociology, counseling or a
closely related field, and 5 years or more of work experience in behavioral
health or a closely related field; or

(2) A
masters degree or a doctoral degree in social work, psychology, sociology,
counseling, public health or a closely related field, and 2 years or more of
work experience in behavioral health or a closely related field.

(b) Should have
as many of the following characteristics as possible:

(1) Significant
professional experience in social services, mental health or a closely related
field;

(2) Knowledge
of group behavior and dynamics, methods of facilitation, community development,
behavioral health treatment and prevention programs, and community-based
behavioral health problems;

(3) Experience
in working with diverse community groups and constituents; and

(4) Experience
in writing grants and technical reports.

3. The
Coordinator shall:

(a) Provide
educational activities to the general public relating to suicide prevention;

(b) Provide
training to persons who, as part of their usual routine, have face-to-face
contact with persons who may be at risk of suicide, including, without
limitation, training to recognize persons at risk of suicide and providing
information on how to refer those persons for treatment or supporting services,
as appropriate;

(c) Develop and
carry out public awareness and media campaigns in each county targeting groups
of persons who are at risk of suicide;

(d) Enhance
crisis services relating to suicide prevention;

(e) Link
persons trained in the assessment of and intervention in suicide with schools,
public community centers, nursing homes and other facilities serving persons
most at risk of suicide;

(f) Coordinate
the establishment of local advisory groups in each county to support the
efforts of the Statewide Program;

(g) Work with
groups advocating suicide prevention, community coalitions, managers of
existing crisis hotlines that are nationally accredited or certified, and staff
members of mental health agencies in this state to identify and address the
barriers that interfere with providing services to groups of persons who are at
risk of suicide, including, without limitation, elderly persons, Native Americans,
youths and residents of rural communities;

(h) Develop and
maintain an Internet or network site with links to appropriate resource
documents, suicide hotlines that are nationally accredited or certified,
licensed professional personnel, state and local mental health agencies and
appropriate national organizations;

(i) Review
current research on data collection for factors related to suicide and develop
recommendations for improved systems of surveillance and uniform collection of
data;

(j) Develop and
submit proposals for funding from agencies of the Federal Government and
nongovernmental organizations; and

(k) Oversee and
provide technical assistance to the person employed to act as a trainer for
suicide prevention pursuant to section 3 of this act.

4. As
used in this section:

(a) Internet
or network site means any identifiable site on the Internet or on a network
and includes, without limitation:

(1)
A website or other similar site on the World Wide Web;

(2)
A site that is identifiable through a Uniform Resource Locator; and

(3)
A site on a network that is owned, operated, administered or controlled by a
provider of Internet service.

(b) Systems
of surveillance means systems pursuant to which the health conditions of the
general public are regularly monitored through systematic collection,
evaluation and reporting of measurable information to identify and understand
trends relating to suicide.

Sec. 3. 1.
The Coordinator of the Statewide Program for Suicide Prevention shall employ a
person to act as a trainer for suicide prevention and facilitator for
networking for Southern Nevada.

2. The trainer
for suicide prevention:

(a) Must have
at least the following education and experience:

(1) Three
years or more of experience in providing education and training relating to
suicide prevention to diverse community groups; or

(2) A
bachelors degree, masters degree or doctoral degree in social work, public
health, psychology, sociology, counseling or a closely related field, and 2 years or more of experience in providing
education and training relating to suicide prevention.

3. The trainer
for suicide prevention must be based in a county whose population is 400,000 or
more.

4. The trainer
for suicide prevention shall:

(a) Assist the
Coordinator of the Statewide Program for Suicide Prevention in disseminating and
carrying out the Statewide Program in the county in which the trainer for
suicide prevention is based;

(b) Provide
information and training relating to suicide prevention to emergency medical
personnel, providers of health care, mental health agencies, social service
agencies, churches, public health clinics, school districts, law enforcement
agencies and other similar community organizations in the county in which the
trainer for suicide prevention is based;

(c) Assist the
Coordinator of the Statewide Program for Suicide Prevention in developing and
carrying out public awareness and media campaigns targeting groups of persons
who are at risk of suicide in the county in which the trainer for suicide
prevention is based;

(d) Assist in
developing a network of community-based programs for suicide prevention in the
county in which the trainer for suicide prevention is based, including, without
limitation, establishing one or more local advisory groups for suicide
prevention; and

(e) Facilitate
the sharing of information and the building of consensuses among multiple
constituent groups in the county in which the trainer for suicide prevention is
based, including, without limitation, public agencies, community organizations,
advocacy groups for suicide prevention, mental health providers and
representatives of the various groups that are at risk for suicide.

Sec. 4. The Coordinator of the Statewide Program for
Suicide Prevention created by section 2 of this act shall initiate the public
awareness and media campaigns for suicide prevention required pursuant to that
program in a county whose population is 400,000 or more.

Sec. 5. On or before January 3, 2005, the Director
of the Department of Human Resources shall submit a copy of the Statewide
Program for Suicide Prevention and a report concerning the status of the
Statewide Program for Suicide Prevention to the Governor and to the Director of
the Legislative Counsel Bureau for transmittal to the Legislature.

Sec. 6. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 2655κ

CHAPTER 438, SB 46

Senate Bill No. 46Committee on Natural Resources

CHAPTER 438

AN ACT relating to
the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to
carry out the Environmental Improvement Program; and providing other matters
properly relating thereto.

[Approved: June 10, 2003]

Whereas,
In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed
a Memorandum of Agreement between the Federal Interagency Partnership on the
Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe,
the Tahoe Regional Planning Agency and interested local governments, in which
the parties affirmed their commitment to the Tahoe Regional Planning Compact,
to the sound management and protection of the resources within the Lake Tahoe
Basin and the support of a healthy, sustainable economy and to achieve
environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out,
including, without limitation, providing financial support for, the
Environmental Improvement Program; and

Whereas,
The costs of carrying out the Environmental Improvement Program have been
apportioned among the Federal Government, the States of Nevada and California,
local governments and owners of private property within both states; and

Whereas, The
cost of carrying out the Environmental Improvement Program that is apportioned
to the State of Nevada and its political subdivisions is $82,000,000 for the
10-year period that ends in Fiscal Year 2006-07; and

Whereas,
For the period between the fiscal year beginning on July 1, 1997, and the
fiscal year ending on June 30, 2001, the State of Nevada and its political
subdivisions provided $28,800,000 to meet their apportioned commitment, which
included:

1. General obligation bonds issued in the face
amount of $20,000,000 pursuant to chapter 361, Statutes of Nevada 1995, at page
907, and approved by the voters of this state at the general election held in
1996, to carry out projects for the control of erosion and the restoration of
natural watercourses in the Lake Tahoe Basin; and

2. General obligation bonds issued in the face
amount of $3,200,000 pursuant to chapter 514, Statutes of Nevada 1999, at page
2627, to carry out the program of environmental improvement projects for the
Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of
Nevada 1999, at page 2627, for the period between the fiscal year beginning on
July 1, 1999, and the fiscal year ending on June 30, 2001; and

Whereas,
Chapter 514, Statutes of Nevada 1999, created the Fund to Protect the Lake
Tahoe Basin in the State General Fund, directed the Administrator of the
Division of State Lands of the State Department of Conservation and Natural
Resources to administer that Fund and directed the Administrator, in cooperation
with other state agencies, to coordinate the development and carrying out of a
program of environmental improvement projects for the Lake Tahoe Basin; and

Whereas,
For the period between the fiscal year beginning on July 1, 2001, and the
fiscal year ending on June 30, 2007, chapter 514, Statutes of Nevada 1999,
provided that money in an amount not to exceed $53,200,000 would be made
available to carry out the program of environmental improvement projects during
that period by the issuance of general obligation bonds and legislative
appropriation; and

Whereas,
Part of the $53,200,000 authorized by chapter 514, Statutes of Nevada 1999, was
provided in the form of general obligation bonds issued in the face amount of
$16,200,000 pursuant to chapter 302, Statutes of Nevada 2001, at page 1428, to
carry out the program of environmental improvement projects for the period between
the fiscal year beginning on July 1, 2001, and the fiscal year ending on June
30, 2003; and

Whereas,
The general obligation bonds authorized by chapter 514, Statutes of Nevada
1999, may only be issued with the prior approval of the Legislature or the Interim
Finance Committee and pursuant to a schedule established by the Administrator
of the Division of State Lands; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Legislature hereby finds and declares
that the issuance of securities and the incurrence of indebtedness pursuant to
this act:

1. Are necessary for the protection and preservation of the
natural resources of this state and for the purpose of obtaining the benefits thereof;
and

2. Constitute an exercise of the authority conferred by the
second paragraph of Section 3 of Article 9 of the Constitution of the State of
Nevada.

Sec. 2. Money to carry out the program of
environmental improvement projects for the Lake Tahoe Basin established
pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, in
an amount not to exceed $9,870,000 must be provided for the period between the
fiscal year beginning on July 1, 2003, and the fiscal year ending on June 30,
2005, by the issuance by the State Board of Finance of general obligation bonds
of the State of Nevada in a total face amount of not more than $9,870,000
pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued
pursuant to this section must be deposited in the Fund to Protect the Lake
Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada
1999, at page 2628, and, except as otherwise provided in this section, must be
used as follows:

1. Projects of the Environmental Improvement Program to be
carried out by the State Department of Conservation and Natural Resources:

2. Water Quality, Erosion Control and Stream
Restoration/Enhancement Projects of the Environmental Improvement Program to be
carried out pursuant to grants and project agreements.................... $7,300,000

3. Contingency money to carry out any environmental
improvement project funded with money from the Fund to Protect the Lake Tahoe
Basin................................................................................................. $470,000

Sec. 3. 1. The Division of State Lands of the State
Department of Conservation and Natural Resources may combine the contingency
money authorized pursuant to subsection 3 of section 2 of this act with any
other contingency money authorized by the Legislature to carry out an
environmental improvement project funded with money from the Fund to Protect
the Lake Tahoe Basin.

2. If an amount authorized to carry out the projects set
forth in section 2 of this act or any other environmental improvement project
funded with money from the Fund to Protect the Lake Tahoe Basin is insufficient
to allow the completion of the project for which it is authorized, including,
without limitation, any monitoring necessary to ensure the continued
effectiveness of the project:

(a) The Division of State Lands may, without the prior
approval of the Interim Finance Committee, allocate the contingency money
authorized pursuant to subsection 3 of section 2, including any money combined
therewith pursuant to subsection 1, to carry out an environmental improvement
project funded with money from the Fund to Protect the Lake Tahoe Basin,
notwithstanding the provisions of section 2 of chapter 302, Statutes of Nevada
2001, at page 1428, and subsection 2 of section 1 of chapter 514, Statutes of
Nevada 1999, at page 2627; and

(b) Upon the request of the Division of State Lands of the
State Department of Conservation and Natural Resources, the Interim Finance
Committee may increase the amount authorized for the project and offset the
increase by reducing the amount authorized for another environmental
improvement project or projects funded with money from the Fund to Protect the
Lake Tahoe Basin by the amount of the increase.

3. The Division of State Lands may use money authorized
pursuant to section 2 of this act for a project other than a project listed in
section 2 of this act if the Interim Finance Committee approves such a use in
writing before the Division of State Lands engages in the project.

Sec. 4. Section 1 of chapter 361, Statutes of Nevada
1995, as amended by chapter 602, Statutes of Nevada 1997, at page 3014, is
hereby amended to read as follows:

Section 1. 1. At the general election to be held in
the State of Nevada in 1996, there must be submitted to the voters of the
state, in the manner prescribed by chapter 349 of NRS, a proposal to issue
general obligation bonds of the state to provide grants to local governments
and the department of transportation to carry out projects for the control of
erosion and the restoration of natural watercourses and other projects in the Lake Tahoe Basin in
an amount of not more than $20,000,000.

2. If the proposal is carried, the state board of
finance shall issue general obligation bonds of the State of Nevada in a total
face amount of not more than $20,000,000. The bonds may be issued at one time
or from time to time. The expenses related to the issuance of bonds pursuant to
this section must be paid from the proceeds of the bonds, and must not exceed 2
percent of the face amount of the bonds sold.

Sec. 3. After deducting the expenses relating to the
issuance of the bonds, the state land registrar may use the proceeds from any
bonds issued pursuant to the provisions of section 1 of this act to defray the
costs of administering the program for awarding grants [.] and other programs to protect the Lake
Tahoe Basin.

Sec. 6. This act becomes effective on July 1, 2003.

________

CHAPTER 439, AB 544

Assembly Bill No. 544Committee on Ways and Means

CHAPTER 439

AN ACT relating to
programs for public employees; establishing for the next biennium the amount to
be paid by this state for group insurance for certain public employees, public
officers and retired public employees; making appropriations to effect certain
increases in the Retired Employees Group Insurance assessment for certain
departments, commissions, agencies and the University and Community College
System of Nevada; and providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. For the purposes of NRS 287.044 and
287.0445 and subsection 1 of NRS 287.046, this states share of the cost of
premiums or contributions for group insurance for each public officer or
employee who elects to participate in the Public Employees Benefits Program
is:

1. For the Fiscal Year 2003-2004, $495.68 per month.

2. For the Fiscal Year 2004-2005, $558.07 per month.

Sec. 2. For the purposes of subsection 2 of NRS
287.046, the base amount for this states share of the cost of premiums or
contributions for group insurance for each person who is retired from the
service of this state and continues to participate in the Public Employees
Benefits Program is:

1. For the Fiscal Year 2003-2004, $280.78 per month.

2. For the Fiscal Year 2004-2005, $316.26 per month.

Sec. 3. 1. To effect an increase of approximately
15.4 percent in the Retired Employees Group Insurance assessment, there is
hereby appropriated from the State General Fund to the Interim Finance
Committee for the fiscal year beginning on July 1, 2003, and ending on June 30,
2004, the sum of $824,391, for the purpose of meeting any deficiencies which
may be created between the appropriated money of the respective departments,
commissions and agencies of the State of Nevada, as fixed by the 72nd Session
of the Legislature and the requirements for the Retired Employees Group Insurance assessment of those departments, commissions
and agencies, including the Judicial Branch of State Government.

Group Insurance assessment of those departments, commissions and
agencies, including the Judicial Branch of State Government.

2. To effect an increase of approximately 13.3 percent in
the Retired Employees Group Insurance assessment, there is hereby appropriated
from the State General Fund to the Interim Finance Committee for the fiscal
year beginning on July 1, 2004, and ending on June 30, 2005, the sum of
$806,488, for the purpose of meeting any deficiencies which may be created
between the appropriated money of the respective departments, commissions and
agencies of the State of Nevada, as fixed by the 72nd Session of the
Legislature and the requirements for the Retired Employees Group Insurance
assessment of those departments, commissions and agencies, including the
Judicial Branch of State Government.

3. The Interim Finance Committee may allocate and disburse
to various departments, commissions and agencies of the State of Nevada, out of
the money appropriated by this section, such sums of money as may from time to
time be required, which when added to the money otherwise appropriated or
available equals the amount of money required to pay the Retired Employees
Group Insurance assessment of the respective departments, commissions and
agencies under the increased assessment rates.

Sec. 4. 1. To effect an increase of approximately
15.4 percent in the Retired Employees Group Insurance assessment, there is
hereby appropriated from the State Highway Fund to the Interim Finance
Committee for the fiscal year beginning on July 1, 2003, and ending on June 30,
2004, the sum of $160,868, for the purpose of meeting any deficiencies which
may be created between the appropriated money of the Department of Motor
Vehicles, Department of Public Safety and Transportation Services Authority as
fixed by the 72nd Session of the Legislature and the requirements for the
Retired Employees Group Insurance assessment of the Department of Motor
Vehicles, Department of Public Safety and Transportation Services Authority.

2. To effect an increase of approximately 13.3 percent in
the Retired Employees Group Insurance assessment, there is hereby appropriated
from the State Highway Fund to the Interim Finance Committee for the fiscal
year beginning on July 1, 2004, and ending on June 30, 2005, the sum of
$161,950, for the purpose of meeting any deficiencies which may be created
between the appropriated money of the Department of Motor Vehicles, Department
of Public Safety and Transportation Services Authority as fixed by the 72nd
Session of the Legislature and the requirements for the Retired Employees
Group Insurance assessment of the Department of Motor Vehicles, Department of
Public Safety and Transportation Services Authority.

3. The Interim Finance Committee may allocate and disburse
to the Department of Motor Vehicles, Department of Public Safety and
Transportation Services Authority, out of the money appropriated by this
section, such sums of money as may from time to time be required, which when
added to the money otherwise appropriated or available equals the amount of
money required to pay the Retired Employees Group Insurance assessment of the
Department of Motor Vehicles, Department of Public Safety and Transportation
Services Authority under the increased assessment rates.

Sec. 5. 1. To effect an increase of approximately
15.4 percent in the Retired Employees Group Insurance assessment, there is
hereby appropriated from the State General Fund to the
Interim Finance Committee for the fiscal year beginning on July 1, 2003, and
ending on June 30, 2004, the sum of $194,060, for the purpose of meeting any
deficiencies which may be created between the appropriated money of the
University and Community College System of Nevada as fixed by the 72nd Session
of the Legislature and the requirements for the Retired Employees Group
Insurance assessments of the classified personnel of the University and
Community College System of Nevada.

appropriated from the State General Fund to the Interim Finance
Committee for the fiscal year beginning on July 1, 2003, and ending on June 30,
2004, the sum of $194,060, for the purpose of meeting any deficiencies which
may be created between the appropriated money of the University and Community
College System of Nevada as fixed by the 72nd Session of the Legislature and
the requirements for the Retired Employees Group Insurance assessments of the
classified personnel of the University and Community College System of Nevada.

2. There is hereby appropriated from the State General Fund
to the Interim Finance Committee for the fiscal year beginning on July 1, 2004,
and ending on June 30, 2005, the sum of $187,640 to provide the Retired
Employees Group Insurance assessment increase as provided in subsection 1.

3. There is hereby appropriated from the State General Fund
to the University and Community College System of Nevada for the fiscal year
beginning on July 1, 2003, and ending on June 30, 2004, the sum of $611,835,
for the purpose of meeting any deficiencies which may be created between the
appropriated money of the University and Community College System of Nevada as
fixed by the 72nd Session of the Legislature and the requirements for the
Retired Employees Group Insurance assessments of the professional personnel of
the University and Community College System of Nevada.

4. There is hereby appropriated from the State General Fund
to the University and Community College System of Nevada for the fiscal year
beginning on July 1, 2004, and ending on June 30, 2005, the sum of $600,101 to
provide the Retired Employees Group Insurance assessment increase as provided
in subsection 3.

Sec. 6. 1. Any balance of the sums appropriated by
sections 3, 4 and 5 of this act for the fiscal year beginning on July 1, 2003,
and ending on June 30, 2004, does not revert to the State General Fund or State
Highway Fund, as appropriate, and is available for the following fiscal year.

2. Any remaining balance of the sums appropriated by
sections 3, 4 and 5 of this act must not be committed for expenditure after
June 30, 2005, and reverts to the State General Fund or State Highway Fund, as
appropriate, as soon as all payments of money committed have been made.

Sec. 7. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 2661κ

CHAPTER 440, AB 551

Assembly Bill No. 551Committee on Ways and Means

CHAPTER 440

AN ACT relating to
the Commission on Ethics; requiring certain local governments to pay periodic
assessments for a portion of the costs of operating the Commission; and
providing other matters properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Legislature hereby finds and declares
that:

1. A significant percentage of the workload of the
Commission on Ethics relates to public officers and employees of the larger
cities and counties in this state; and

2. The proportion of the workload of the Commission that
relates to each larger city or county correlates approximately to the
proportion that the population of that city or county bears to the population
of all the larger cities and counties in this state.

Sec. 2. Chapter 281 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Each county
whose population is more than 10,000 and each city whose population is more
than 10,000 and that is located within such a county shall pay an assessment
for the costs incurred by the Commission each biennium in carrying out its
functions pursuant to NRS 281.411 to 281.581, inclusive. The total amount of
money to be derived from assessments paid pursuant to this subsection for a
biennium must be determined by the Legislature in the legislatively approved
budget of the Commission for that biennium. The assessments must be apportioned
among each such city and county based on the proportion that the total
population of the city or the total population of the unincorporated area of
the county bears to the total population of all such cities and the
unincorporated areas of all such counties in this state.

2. On or
before July 1 of each odd-numbered year, the Executive Director shall, in
consultation with the Budget Division of the Department of Administration and
the Fiscal Analysis Division of the Legislative Counsel Bureau, determine for
the next ensuing biennium the amount of the assessments due for each city and
county that is required to pay an assessment pursuant to subsection 1. The
assessments must be paid to the Commission in semi-annual installments that are
due on or before August 1 and February 1 of each year of the biennium. The
Executive Director shall send out a billing statement to each such city or
county which states the amount of the semi-annual installment payment due from
the city or county.

3. Any money
that the Commission receives pursuant to subsection 2:

(a) Must be
deposited in the State Treasury, accounted for separately in the State General
Fund and credited to the budget account for the Commission;

(b) May only be
used to carry out NRS 281.411 to 281.581, inclusive, and only to the extent
authorized for expenditure by the Legislature; and

(c) Does not
revert to the State General Fund at the end of any fiscal year.

4. If any
installment payment is not paid on or before the date on which it is due, the
Executive Director shall make reasonable efforts to collect the delinquent
payment. If the Executive Director is not able to collect the arrearage, he
shall submit a claim for the amount of the unpaid installment payment to the
Department of Taxation. If the Department of Taxation receives such a claim,
the Department shall deduct the amount of the claim from money that would
otherwise be allocated from the Local Government Tax Distribution Account to
the city or county that owes the installment payment and shall transfer that
amount to the Commission.

5. As used in
this section, population means the current population estimate for that city
or county as determined and published by the Department of Taxation and the
demographer employed pursuant to NRS 360.283.

Sec. 3. NRS 281.411 is hereby amended to read
as follows:

281.411 NRS 281.411 to 281.581, inclusive, and section 2 of this act may
be cited as the Nevada Ethics in Government Law.

Sec. 4. The provisions of NRS 354.599 do not apply
to any additional expenses of a local government that are related to the
provisions of this act.

Sec. 5. This act becomes effective on July 1, 2003.

________

CHAPTER 441, AB 555

Assembly Bill No. 555Committee on Ways and Means

CHAPTER 441

AN ACT relating to
state employees; establishing the maximum allowed salaries for certain
employees in the classified and unclassified service of the State; making
appropriations from the State General Fund and State Highway Fund for increases
in the salaries of certain employees of the State and providing other matters
properly relating thereto.

[Approved: June 10, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The following state officers and
employees in the unclassified service of the State of Nevada are entitled to
receive annual salaries of not more than the approximate maximum amounts set
forth following their specified titles or positions:

Sec. 2. 1. If any unclassified position is omitted
from this act for the Fiscal Years 2003-2004 and 2004-2005, the Department of Personnel
shall examine the duties and responsibilities of the position and submit to the
Interim Finance Committee a list of those duties and responsibilities and a
recommended salary for the position. The Interim Finance Committee shall review
the duties and responsibilities of the position and establish the salary for
the position.

2. The Interim Finance Committee may establish the title
and salary for any positions affected by reorganization pursuant to legislation
enacted by the 72nd Session of the Nevada Legislature.

Sec. 3. The approximate maximum salaries as set
forth in sections 1 and 2 of this act shall be increased by 2 percent effective
July 1, 2004.

Sec. 4. 1. There is hereby appropriated from the
State General Fund to the State Board of Examiners for reimbursement to any
department, commission or agency of the State of Nevada, including the Judicial
Branch of government, which receives part or all of its funding from the State
General Fund, for the difference between the maximum amount allowed in sections
1, 2 and 3 of this act and the amount budgeted for that purpose:

For the Fiscal Year 2004-2005..................................................... $874,112

2. There is hereby appropriated from the State Highway Fund
to the State Board of Examiners for reimbursement to a state agency which
receives part or all of its funding from the State Highway Fund, for the
difference between the maximum amount allowed in sections 1, 2 and 3 of this
act and the amount budgeted for that purpose:

For the Fiscal Year 2004-2005....................................................... $19,188

3. The State Board of Examiners, upon the recommendation of
the Director of the Department of Administration, may allocate and disburse
from the appropriate fund to various departments, commissions and agencies of
the State of Nevada, out of the money appropriated by this section such sums of
money as may from time to time be required, which, when added to the money
otherwise appropriated or available, equals the amount of money required to pay
the salaries of the classified employees of the respective departments, commissions
and agencies under the adjusted pay plan.

Sec. 5. 1. The State Gaming Control Board may adopt
a plan to authorize additional payments of up to $5,000 annually for
unclassified employees who possess a current Nevada certified public accountant
certificate, a license to practice law in the State of Nevada or any other
state, or are in a qualifying position as electronic laboratory engineer and
possess a Bachelor of Science or higher degree in engineering, electronic
engineering, or computer science and utilize, in the opinion of the board, the
skills evidenced by these qualifications to further enhance the performance of
their job duties and responsibilities.

2. There is hereby appropriated from the State General Fund
to the State Board of Examiners the sum of $197,500 for the Fiscal Year
2003-2004 and $212,500 for the Fiscal Year 2004-2005 for the additional cost of
subsection 1 of this section.

Sec. 6. 1. Except as otherwise provided in this
act, to effect increases in salaries of approximately 2 percent, there is
hereby appropriated from the State General Fund to the State Board of Examiners
for the fiscal period beginning July 1, 2004, and ending June 30, 2005, the sum
of $4,644,826 for the purpose of meeting any deficiencies which may be created
between the appropriated money of the respective departments, commissions and
agencies of the State of Nevada, as fixed by the 72nd Session of the
Legislature and the requirements for salaries of the classified personnel of
those departments, commissions and agencies, including the judicial branch of
government, necessary under an adjusted pay plan, except those employees whose
salaries have been retained, to become effective on July 1, 2004.

2. The State Board of Examiners, upon the recommendation of
the Director of the Department of Administration, may allocate and disburse to
various departments, commissions and agencies of the State of Nevada, out of
the money appropriated by this section such sums of money as may from time to
time be required, which when added to the money otherwise appropriated or
available equals the amount of money required to pay the salaries of the
classified employees of the respective departments, commissions and agencies
under the adjusted pay plan.

Sec. 7. There is hereby appropriated from the State
General Fund to the State Board of Examiners for reimbursement to any
department, commission or agency of the State of Nevada which receives part or
all of its funding from the State General Fund, for the difference between the
maximum allowed in section 8 of this act and the amount budgeted for that
purpose:

For the Fiscal Year 2004-2005..................................................... $206,564

Sec. 8. 1. Employees filling the following
positions in the classified service may receive annual salaries not to exceed
the following specified amounts, effective July 1, 2003:

As used in this section, a Senior Psychiatrist (Range B) is a
psychiatrist eligible for certification by the American Board of Psychiatry. A
Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board
of Psychiatry and Neurology. A Senior Psychiatrist (Range A) is a psychiatrist
not so certified or eligible.

2. The maximum annual salary for the positions listed in
subsection 1, except those whose salaries have been retained, shall be
increased by 2 percent effective July 1, 2004.

Sec. 9. 1. To effect increases in salaries of
approximately 2 percent, there is hereby appropriated from the State Highway
Fund to the State Board of Examiners for the fiscal period beginning July 1,
2004, and ending June 30, 2005, the sum of $1,602,529 for the purpose of
meeting any deficiencies which may exist between the appropriated money of the
Department of Motor Vehicles, Department of Public Safety and Transportation
Services Authority as fixed by the 72nd Session of the Legislature and the
requirements for salaries of classified personnel of the Department of Motor
Vehicles, Department of Public Safety and Transportation Services Authority
necessary under an adjusted pay plan, except those employees whose salaries have
been retained, to become effective July 1, 2004.

2. The State Board of Examiners, upon the recommendation of
the Director of the Department of Administration, may allocate and disburse to
the Department of Motor Vehicles, the Department of Public Safety and the
Transportation Services Authority out of the money appropriated by this section
such sums of money as may from time to time be required, which when added to
the money otherwise appropriated or available equals the amount of money
required to meet and pay the salaries of the classified employees of the
Department of Motor Vehicles, Department of Public Safety and Transportation
Services Authority under the adjusted pay plan.

Sec. 10. 1. To effect increases in salaries of
approximately 2 percent, there is hereby appropriated from the State General
Fund to the State Board of Examiners for the fiscal period beginning July 1,
2004, and ending June 30, 2005, the sum of $1,860,054 for the purpose of
meeting any deficiencies which may be created between the appropriated money of
the University and Community College System of Nevada as fixed by the 72nd
Session of the Legislature and the requirements for salaries of the classified
personnel of the University and Community College System of Nevada necessary under the adjusted pay plan, except those employees
whose salaries have been retained, to become effective July 1, 2004.

necessary under the adjusted pay plan, except those employees
whose salaries have been retained, to become effective July 1, 2004.

2. There is hereby appropriated from the State General Fund
to the University and Community College System of Nevada for the fiscal year
beginning July 1, 2004, and ending June 30, 2005, the sum of $6,110,838 for the
purpose of increasing the salaries of the professional employees of the
University and Community College System of Nevada, except those employees whose
salaries have been retained, to become effective July 1, 2004.

3. The State Board of Examiners, upon the recommendation of
the Director of the Department of Administration, may allocate and disburse to
the University and Community College System of Nevada out of the money
appropriated by subsection 1 such sums of money as may from time to time be
required, which when added to the money otherwise appropriated or available
equals the amount of money required to pay the salaries of the classified
employees of the University and Community College System of Nevada under the
adjusted pay plan.

Sec. 11. Any balance of that money appropriated in
sections 4, 5, 6, 7, 9 and 10 must not be committed for expenditure after June
30, 2005, and reverts to the fund from which it was appropriated as soon as all
payments of money committed have been made.

Sec. 12. 1. To effect increases in salaries of
approximately 2 percent, there is hereby appropriated from the State General
Fund to the Legislative Fund for the fiscal year beginning July 1, 2004, and
ending June 30, 2005, the sum of $342,548 for the purpose of meeting any
deficiencies which may be created between the appropriated money as fixed by
the 72nd Session of the Legislature and the requirements for salaries of the
employees of the Legislative Counsel Bureau and of interim legislative
operations, except those employees whose salaries have been retained, to become
effective July 1, 2004.

2. Any balance of the money appropriated in this section
must be carried forward for use in the next legislative session and does not
revert to the State General Fund.

Sec. 13. The State Board of Examiners shall allocate
from the amounts appropriated by section 6 of this act to the Tahoe Regional
Planning Agency to provide for Nevadas share of a 2 percent salary increase
which takes effect on July 1, 2004, the sum of not more than $33,542 for the
Fiscal Year 2004-2005. The amounts transferred must not be utilized to increase
an employees base salary unless the State of California provides the required
2 for 1 matching funds. Any amounts provided to the Tahoe Regional Planning
Agency should California not provide matching funds must be used as a one-time
salary bonus.

Sec. 14. 1. Money in subsection 1 of section 4,
sections 6 and 7 and subsection 1 of section 10 of this act can be transferred
among each section to finance the 2 percent salary increase authorized on July
1, 2004.

2. Money in subsection 2 of section 4 and section 9 of this
act can be transferred among each section to finance the 2 percent salary
increase authorized on July 1, 2004.